Drake v. State

McMurray, Chief Judge.

Defendant appeals his conviction of burglary. Held:

1. Defendant contends the evidence was insufficient to support his conviction and that his motion for a directed verdict should have been granted. The evidence shows that on the day of the alleged burglary, two witnesses positively identified defendant as being one of the two persons who was seen in the alleyway adjacent to the back of the victim’s house. The witnesses testified that they had seen the defendant loading certain items into the trunk and backseat of a yellow automobile which the evidence disclosed were…