McAllister v. State

On Petition for Rehearing

Buchanan, J.

In addition to other evidence “substantially” supporting McAllister’s conviction, the State makes reference in its Petition for Rehearing to “his surveillance of the house during the day . . .” This is inaccurate.

The record reveals no basis even for an inference that *650McAllister placed his estranged wife’s home under surveillance the day of the fire, or prior thereto.

According to his wife’s testimony, McAllister had insisted on taking her to and from work himself and had frequently done so in the past. After she stopped this practice he continued to come to…