Nebbitt v. State

Beasley, Judge.

Co-defendants Nebbitt and Fornlow appeal their convictions and sentences for burglary, OCGA § 16-7-1, and the denial of their motion for new trial.

Appellants and a third defendant, now deceased, were charged with the burglary of a used clothing store. On March 6, 1986, between approximately 6:30 p.m. and 9:00 p.m., the store was broken into and merchandise taken. Vinette, who lived in a building next to the store, left his apartment about 9:00 p.m. to get into his car and saw a man standing in front of the store. Vinette observed him walk back and forth and, while facing the…