State v. Huelett

(dissenting) — I dissent. The facts are correctly stated by the majority. However, a few additional facts will assist in better understanding the matter.

On December 10, 1976, the apartment occupied by Edward O'Shea was burglarized. On March 3, 1977, defendant Huelett was charged by information with burglary. After a jury trial he was found guilty April 26, 1977.

Three witnesses testified at the burglary trial. The testimony of each was essential to Huelett's conviction. O'Shea testified that his apartment was burglarized, that he does not know Huelett and that he did not give him permission to…