State v. Bartley

WASSERSTROM, Judge.

Defendant appeals from a conviction for second degree burglary of the home of Warren Jackson. Defendant’s points on appeal are: (1) that the evidence was in*520sufficient to sustain the conviction; and (2) that the verdict-directing instruction was defective.

I

Mrs. Webb, the next door neighbor of the burglary victim Jackson, testified that in the late afternoon of November 9, 1971, she observed the defendant moving around the Jackson home. When she first saw him, he was moving along the side of the Jackson home toward the back, and she observed him trying to force the back door.…