Atkinson v. State

PIVARNIK, Justice.

Defendant-Appellant was found guilty by a jury in the Delaware Circuit Court. He was sentenced to twenty (20) years. On direct appeal, he raises the following issues:

1. jury instructions;

2. sufficiency of evidence; and

8. admission of identification evidence.

Appellant and Patrick Penrod were drinking heavily on the night of April 18, 1985. At about 9:00 p.m. that evening, the victim heard someone knocking on her door, and observed Appellant trying to hide under the porch light. Appellant broke down the door, entered the home, and hit and kicked the victim. During the course…