State v. Bailey

Toal, Justice:

Appellant was convicted of burglary in the first degree, discharging a firearm into a dwelling, grand larceny, and malicious injury to real property. Appellant was sentenced to ten years for burglary, and concurrent one year sentences for the other offenses. For the following reasons, we affirm the conviction.

This action involves a family dispute. The appellant, Wayne Bailey, is the brother of the victim, Rex Bailey. On the morning of April 17,1986, Rex and the appellant had an argument at their parents’ home. Later that day, Rex discovered that someone had “shot up” his house…