State v. McKinney

Defendant - appeals from a jury conviction of *561burglary in the first degree, OES 164.225.① Defendant assigns as error the trial court’s denial of his motion for a judgment of acquittal and claims there was no substantial evidence to sustain the verdict. We affirm.

A brief summary of the facts is as follows: Upon return from a weekend trip, David Heinz discovered two guns had been taken from his gun rack. He had locked his house at the time of his departure and it was locked when he returned. On the gun rack was a note, written and left by defendant which read: “Dave; Had an emer — borrowed 2 of…