McGee v. State

Sognier, Judge.

Danny McGee, his wife, Theresa, and his brother, Charles, were convicted of burglary. They contend that the evidence, being purely *764circumstantial, was not sufficient to support the verdict, and that the trial court erred by failing to charge the jury on their sole defense, alibi.

1. The home of Jerry Smith was burglarized while he, his wife and stepson were at work during the night of July 15-16,1980. The Smiths’ next door neighbor, a used-car salesman, had seen a 1971 or 1972 Grand Prix Pontiac “running loud” drive into the Smiths’ driveway around 3:00 a.m.; three people got…