Higgins v. State

Appellant was charged by affidavit with the crime of first degree burglary. He was tried and convicted by a jury of the crime of en-tering with intent to commit a felony and sentenced accordingly. 1 Appellant assigns as error in this appeal the overruling of his motion for a new trial, which contained only the specifications that the verdict was contrary to law and not sustained by sufficient evidence. For this purpose we must briefly review the evidence under the established principle of appellate review that only the evidence most favorable to sustain the judgment will be considered. Beatty…