Marshall v. State

Judge Harold R. Banke.

Fred James Marshall was convicted of burglary. He enumerates two errors on appeal.

This case arose after Marshall cut the screen and entered a window into the home the two elderly female victims shared. The victims, sisters, awoke to discover that two pocketbooks containing approximately $60 were missing. The responding officer searched the area surrounding the house and found the purses in a nearby dumpster. Inside one, he found a rubber glove which the victims denied was theirs.

Three months later, the victims were burglarized a second time and raped. Marshall was…