Garth v. State

The appellant, David Leon Garth, was convicted of first-degree burglary, in violation of § 13A-7-5, Code ofAlabama 1975, and was subsequently sentenced to serve ninety-nine years in the State penitentiary. Four issues are raised on appeal.

The evidence presented by the State tended to establish that on June 12, 1986, Mike Wilson, his wife Cathy, and their small child were living in a two-bedroom apartment at the West Court Apartments in Decatur. A friend, Jerry Jackson, was also living with them at the time. That night, Jerry went to bed sometime between 10:00 and 11:00 p.m. Earlier in the…