Holcomb v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for burglary with intent to commit theft, wherein the punishment was assessed by the jury at five (5) years.

It appears that in the first trial on the indictment in question appellant was convicted, but a new trial was granted. He was retried, resulting in the conviction now on appeal.

In two grounds of error appellant asserts the trial court erred in permitting the State to reopen its case instead of ruling on his motion for instructed verdict of not guilty, and this abuse of discretion prejudiced his right to a fair trial since…