Howard v. State

McMurray, Presiding Judge.

Defendant was indicted, tried and convicted of the offense of burglary and sentenced to serve a term of 15 years. His motion for new trial, as amended, was filed, heard and denied. Defendant appeals. Held:

1. Defendant’s first enumeration of error contends the trial court erred in refusing to charge a written request that “[w]here the facts in evidence and all reasonable deductions therefrom present two theories, one of guilt and the other consistent with innocence, the justice and humanity of the law compel the acceptance of the theory which is consistent with…