State v. Evans

Appellant, Legaree Leavy Evans, was indicted for and convicted of burglary in the first degree and possession of burglary tools. He appeals, asserting the trial judge erred in denying his motion for directed verdict on the first-degree burglary charge because the building in question did not qualify as a dwelling. We affirm.1

*423FACTUAL/PROCEDURAL BACKGROUND

Around 4:30 a.m. on December 21, 2004, a neighbor getting ready for work noticed the lights on at the Shaw home on Gully Falls road in Pickens County. Because the neighbor knew the Shaws were rarely at the home and it was unusual to see…