Brinson v. State

Pope, Judge.

Kenny Brinson and Van Brinson were jointly tried and convicted of two counts of criminal damage to property in the second degree, Code Ann. § 26-1502 (a). The charges arose from an incident in which Van Brinson handed Kenny Brinson a rifle which Kenny then fired into a pasture owned by Lorenzo Merritt. Kenny subsequently shot a pistol into the same area. Although they may not have seen them at the time, both defendants knew that Merritt’s five horses were kept in the pasture. One of the horses was killed and another was wounded. Both defendants appeal their convictions.

1. As their…