Burke v. State

Hill, Presiding Justice.

James Earl Burke was convicted of burglary, aggravated assault and murder and was sentenced to life imprisonment for the murder and to twenty years each on the other two charges, all to be served consecutively. On motion for new trial, the trial court vacated the sentence for burglary. Burke appeals.

Ronald Manis saw a car at the summer home of his neighbor, Garah Webber, on April 30, 1980. Since he maintained her yard, Manis approached the house in order to collect the money she owed him. He was told by a man who met him on the porch that she had moved. Because Manis…