Pinkston v. State

Banke, Presiding Judge.

The appellant was found guilty of rape, motor vehicle theft, loitering and prowling, and two counts of burglary. He filed this appeal from the denial of his motion for new trial.

Walt Porterfield testified that his house was burglarized on the evening of April 5, 1987, and that among the items taken was an Intratec nine-millimeter Luger handgun. Porterfield’s testimony that the burglary had occurred on April 5, 1987, contradicted the date alleged in the indictment, which was April 4, 1987. Porterfield testified that he discovered the burglary upon returning home from a…