McClendon v. State

McMurray, Presiding Judge.

Defendant was indicted for burglary (Count 1) and for being a recidivist (Count 2). The case was tried before a jury and the evidence revealed the following:

At about 4:15 in the morning on August 27, 1992, Curtis L. Thompson observed a large spool of wire on the curb of the roadway outside his place of employment, Sunbeam Bread Company (“the bakery”). Thompson turned into the entrance of the bakery and saw a man in the path of his vehicle pushing a large spool of wire. Thompson stopped and told the man, “that [is] a good way to get run over.” The stranger “raised up…