Howard v. State

Phipps, Judge.

A jury found Jimmy Howard guilty of theft by taking two truck trailers containing tires. He appeals, arguing that the evidence was insufficient to support his conviction, that the trial court should have told the jury that the rule of sequestration had been violated, and that the court should have given an instruction on “bare suspicion.” Finding no merit in these arguments, we affirm.

1. On appeal from a criminal conviction, the defendant no longer enjoys a presumption of innocence, and we construe the evidence in the light most favorable to the verdict. We neither weigh the…