Thompson v. State

Lyle Brown, Justice.

Billy Thompson was convicted of (1) unlawful entry into a building with intent to commit a felony, and (2) forcible and felonious entry into vending machines located inside the building. On motion of the prosecuting attorney a screwdriver and a tire tool were marked for identification. The witness upon whom the State was relying to connect those implements with the accused was unable to identify them. We are asked to hold that prejudicial error was committed which entitled Thompson to a mistrial.

The evidence of the State was brief and uncon-troverted. Pike Bowling Lanes…