McNair v. State

McMurray, Presiding Judge.

Defendant appeals his conviction of the offense of burglary. Held: 1. In his first enumeration of error defendant contends the trial court should have granted his motion for directed verdict of acquittal since the State failed to prove that defendant entered the building with intent to commit a theft. The State’s evidence shows that the building in which two businesses were operated was a former gas station. Defendant had gained entrance to the building via a door opening into a rest room by kicking or prying open a door. Inside the rest room defendant had attempted…