State v. Hitchcock

PREWITT, Chief Judge.

Appellants were convicted of second degree burglary for breaking into a residence owned by B.D. Ashbough for the purpose of committing theft. By agreement their non-jury trials were held together. The state’s case was based on the testimony of Martha Ashbough, B.D. Ashbough’s wife. She said she saw appellants in the house after it was broken into.

Appellants’ contentions are identical. Each claims that the evidence was insufficient to support a conviction because Mrs. Ashbough’s testimony identifying them was “inconsistent, contradictory, and self-destructive”.

In…