McMillian v. State

HOLCOMB, Justice.

Appellant brings this appeal from his conviction of burglary of a habitation after a plea of “not guilty” before a jury which assessed punishment at 35 years imprisonment. We will affirm.

Appellant assigns two points of error. His first point claims there was no evidence, or alternatively, insufficient evidence, to support the jury’s finding that Appellant committed the offense as alleged in the indictment. By his second point, Appellant contends that the trial court erred in denying his motion for mistrial based upon jury misconduct.

In considering an insufficient evidence…