Tyler v. State

Andrews, Judge.

Johnny Tyler appeals his conviction of burglary, contending that a mistrial should have been declared or curative instructions given after the State improperly placed his character into issue, and that his motion for a directed verdict made at the conclusion of the State’s case should have been granted because the circumstantial evidence failed to exclude every reasonable hypothesis save that of guilt. He was acquitted of theft by taking of a rifle.

Fingerprints were collected from the scene of the burglary and stolen property, including the rifle, was catalogued. The rifle’s…