Deese v. State

Stolz, Judge.

1. The defendants’ convictions of burglary were authorized by evidence that they were found at the scene of a burglarized service station at 2 a.m. with two stolen tires and a stolen case of oil from the station in their possession, and that one of them fled the scene of the burglary when the police officer approached.

2. Where the defendants’ testimony was that they were driving south on Howell Mill Road toward I-75 and stopped at the first gas station with lights on to get air in their tire, and where defense counsel elicited testimony that the service station burglarized would…