Denny v. State

Judge Harold R. Banke.

David William Denny was convicted of two counts of criminal damage to property and received a recidivist sentence. On appeal, he enumerates 15 errors.

This case arose from a family dispute over property. Denny’s grandfather owned a farm which was divided among his nine children when he died. Substantially all the surviving children and their progeny remained on the property.

Denny’s Aunt Cece purportedly deeded her portion, which included a house, to Denny. However, Denny never recorded the deed. The property was foreclosed upon and eventually Denny’s cousin, Elliott…