State v. Helton

MARTIN, Judge.

Defendant’s contention on appeal is that the evidence was insufficient to support his convictions for second degree burglary under the instructions submitted to the jury by the trial court. He argues that the State failed to present evidence to show that he actually committed a breaking and that the trial court did not submit instructions with respect to his guilt under the theory of acting in concert. We find merit in defendant’s argument.

Jean Stites’ residence was located at 5441 Tempe Court in Fayetteville, next door to defendant’s residence. During November and early…