Burgett v. State

CASE SUMMARY

Buchanan, J.

Defendant-Appellant Bobby Wayne Burgett (Burgett) appeals from a jury conviction of first degree burglary, claiming insufficient evidence to prove a breaking and entry into a “dwelling house”, misconduct by the Prosecutor, and erroneous exclusion of defense evidence.

We affirm.

FACTS

The facts and evidence most favorable to the State are:

On the evening of December 2nd, 1972, Burgett was visiting Michael Foster (Foster) at Foster’s apartment in Indian apolis. During this visit, Foster and Burgett discussed items of property stored by Foster’s landlord, Jewell Leak (Leak),…