Burke v. State

Shulman, Presiding Judge.

Convicted of burglary, Burke appeals, enumerating as error the refusal of the trial judge to grant a mistrial when the state placed his character in issue.

At trial, the state presented evidence that appellant was seen inside the Metro Music Centre on Roswell Road in Atlanta, after the storeowner had been alerted by a silent burglar alarm to a break-in in the early morning hours. Chasing the fleeing intruder, a police officer discovered appellant behind a dumpster in a nearby Sears parking lot. In appellant’s pocket were a guitar pick, a drum key, and a cigarette…