Muckle v. State

McMurray, Presiding Judge.

Defendant appeals his conviction of burglary. The evidence presented against him was entirely circumstantial and, at the close of the state’s case, defendant’s counsel moved for a directed verdict of acquittal, asserting (among other grounds subsequently abandoned on appeal) that the evidence failed to exclude every reasonable hypothesis save his guilt and also that there was a fatal variance between the allegata and the probata. The trial court denied the motion and submitted the case to the jury. The jury found defendant guilty, and the trial court sentenced him to…