Elijah "Tootie Pie" Cosby, Jr. v. Tom Jones, Warden of the Walker County Correctional Institute

GODBOLD, Chief Judge:

Cosby appeals from the denial of his petition for writ of habeas corpus. We reverse and remand with directions to grant relief.

I. Facts

Petitioner, Elijah “Tootie Pie” Cosby, is presently serving a 20-year sentence under a 1979 Georgia burglary conviction. He challenges this conviction on the ground that there was insufficient evidence to constitutionally support the conviction, under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

An apartment in Carrollton, Georgia was burglarized December 10, 1978. Cosby lived in the same apartment complex as the…