Small v. State

Lawson Cloninger, Judge.

Appellant was convicted by the trial court, sitting without a jury, of burglary, and sentenced to five years in prison. He urges on this appeal that the trial court should have granted his motion for a directed verdict at the conclusion of the state’s case, and contends that there is insufficient evidence to sustain the conviction. We find no error and we affirm.

A directed verdict of acquittal is proper only when no fact issue exists, and this court will review the evidence in the light most favorable to the appellee, the state, and affirm if there is any substantial…