Wilburn v. State

Banke, Presiding Judge.

The appellant and a co-defendant, Gary Ross, were jointly indicted and tried on charges of burglary (three counts), attempted burglary, and possession of burglary tools. Also named in the indictment were two accomplices who pled guilty and testified for the state at trial. The appellant was convicted on each of the above charges, while Ross was convicted on all but that of possessing burglary tools. The appellant brings this appeal from the denial of his motion for new trial. Held:

1. The evidence was amply sufficient to enable a rational trier of fact to find the…