Penson v. State

Judge Harold R. Banke.

Allen Wayne Penson was convicted of burglary and two counts of arson for illegally entering and setting fire to the Walker County Rescue Building and a vehicle. Following the denial of his motion for new trial, Penson appeals, enumerating several errors.

The State’s evidence was as follows. A person fitting the description of Penson was seen with a sandy-colored dog near the rescue building prior to the outbreak of the fire. Penson lived just 500 feet from the building and owned a sandy-colored dog. Investigators discovered blood at the scene indicating that someone may…