McLemore v. State

OPINION

EVANS, Chief Justice.

After pleading nolo contendere, the appellant was convicted of two counts of burglary of a habitation. In his first ground of error, he contends that the evidence is insufficient to support his conviction.

We sustain this ground and reverse the trial court’s judgment, directing entry of a judgment of acquittal.

At a trial before the court, the State introduced two stipulations, one listing the property taken at each of the two burglarized homes, and the other, signed by the appellant, stating the following:

I stipulate that on April 2, 1981, W.W. Seeley owned a…