Chaney v. State

SOUTHWICK, P.J,

Dissenting:

¶ 12. I find that the evidence was insufficient to prove that Lederrick Chaney committed a burglary. There was no proof that he participated in breaking into the building which is necessary for guilt of burglary. The majority says that disbelieving witnesses is always within the prerogative of jurors. Certainly so. But Supreme Court precedents reveal that to replace plausible evidence that is consistent with the physical evidence must be something more than speculation arising from a desire not to believe a witness. The issue is not whether the defendant proved his…