State v. Riley

GUNN, Judge.

Defendant-appellant was convicted of second degree burglary and sentenced under the Second Offender Act to six years imprisonment. On appeal defendant attacks: 1) the sufficiency of the evidence to support the guilty verdict, and 2) the trial court’s refusal to grant a new trial on the basis of newly discovered evidence. We find that there was sufficient evidence of defendant’s guilt and no error in refusing to grant the defendant a new trial.

Inasmuch as defendant challenges the sufficiency of the evidence, in reaching our decision on review we consider the facts in evidence and…