Holt v. State

Adams, Judge.

Earl Leonard Holt appeals his conviction of burglary. He contends the evidence was insufficient and that the court should have charged the jury on the lesser included offense of theft by taking.

Construed in favor of the verdict the evidence shows that on a clear sunny day, a witness saw Holt standing near a parking booth at a parking lot that was closed for Thanksgiving. The witness saw Holt reach into the parking booth then go inside the parking booth and come out while stuffing something into his pocket. After Holt left, the witness saw that the booth door was cracked open and…