Spears v. State

BOARDMAN, Judge.

The appellant, Darrell Clifford Spears, was charged by information with breaking and entering a building other than a dwelling house with intent to commit a felony. A jury trial resulted in a conviction as charged and this timely appeal followed.

At the time of the offense charged and arrest the appellant was in the company of several other individuals. One of these individuals, Kenneth Ray Barker, allegedly made a statement that directly implicated the appellant. Barker was subpoenaed by the state but not called as a witness at the trial. Instead, the state was able to get the…