McMahel v. State

MILLER, Judge.

Kevin McMahel claims his conviction for Burglary, a class C felony, and Theft, a class D felony, were not supported by the evidence. We agree and reverse.

FACTS

The facts most favorable to the judgment are that on the night of August 31 and early morning hours of September 1, 1990, Christine Epperson was the bartender at the Green Lantern Tavern in English, Indiana. Epperson testified that McMahel, Todd Gray, and Kim Angle had been at the Green Lantern at various times throughout the evening of August 31, 1990 and morning of September 1, 1990; Gray had been drinking in the bar…