Freshwater v. State

SULLIVAN, Justice.

Defendant Otis Freshwater was convicted of burglary. He appeals, contending that the State did not prove one of the essential elements of the crime of burglary: that, when he broke into and entered a building, he did so with the intent to commit theft. Long-standing precedent of this Court dictates that “some fact in evidence must point to an intent to commit a specific felony.” We agree with Freshwater that there was no such evidence here and reverse the judgment of the trial court.

Background

On the night of June 30, 2002, Terry Covey was sitting on his front porch and…