Gary v. State

Banke, Judge.

The appellant was tried for burglary upon a joint indictment charging that he and Jimmy Glover unlawfully entered the New Directions Disco and Lounge with intent to commit a theft. He was originally tried in August 1979. A new trial was granted, and he was again tried and convicted in May of 1980. The principal enumerations of error concern the admissibility of the testimony of the co-defendant, Glover, who had previously pled guilty.

During the first trial the co-defendant was called as a witness for the state and gave testimony which was generally consistent with the appellant’s…