Clayton v. State

Dissenting Opinion

Buchanan, P.J.

— I respectfully dissent from the majority opinion because there is evidence to support a reasonable inference of the specific intent of Clayton to commit the felony of theft in the service station.

As recently emphasized in Kash v. State,1 when the sufficiency of circumstantial evidence is questioned:

this Court must carefully examine the evidence most favorable to the State, not to determine whether every reasonable hypothesis of innocence is overcome, but to determine whether reasonable persons could form an inference with regard to each material element of…