McInnis v. State

ON WRIT OF CERTIORARI

LAMAR, Justice,

for the Court:

¶ 1. This Court granted Johnny Mcln-nis’s petition for certiorari, in which he appeals the affirmance of his conviction for burglary of a dwelling. Mclnnis argues that the trial court committed reversible error in failing to grant a two-theory instruction when the State presented no direct evidence that he committed the crime of burglary. We agree and reverse and remand, as the trial court failed to grant any circumstantial-evidence instruction.

FACTS

¶ 2. On the night of October 8, 2007, eighty-four-year-old Hillary Kissenger awoke to an…