Bailey v. State

The only question requiring a decision on this appeal is whether the evidence was legally sufficient to sustain the conviction of the appellant (John W. Bailey, Jr.) for burglary.

When the prosecuting witness woke up about 5 :10 a.m., on December 3, 1960, she saw a colored man standing in the living room of her apartment at 1109 St. Paul Street with his back to her. With the aid of the light in the kitchen—located off a wide hall on the opposite side of the living room from the bedroom—she observed that the intruder was wearing a red and white plaid carcoat and a light cap, but she never saw…