Miller v. State

Appellant Miller was convicted of burglary and brings this appeal. We affirm although several issues merit discussion.

Appellant urges the trial court erred in refusing to instruct the jury that the state had to prove the burglary occurred at “approximately 4:15 a. m.”, as stated in its bill of particulars. Appellant’s alibi witness, his roommate, stated that when he returned home at 3:30 a. m. on October 26, 1977, he found appellant with an injured leg and took him to the hospital. Appellant testified he injured his leg earlier the evening of October 25,1977, while climbing the fuel oil drums…