Hutchinson v. State

Benham, Judge.

Appellant was convicted of burglary and sentenced as a recidivist. On appeal, he asserts error in the denial of his motion for directed verdict of acquittal, made at the close of the State’s evidence, and in the denial of his motion for mistrial, made during the closing argument of the assistant district attorney.

1. The burglary victim testified she found her home partially ransacked and an open window with one broken pane. The window, designated as the burglar’s point of entry into the home, was described as being five to eight feet above the ground. An investigating officer…