Gatling v. State

Cooper, Judge.

Appellant was tried before the court and found guilty of burglary. He appeals from the denial of his motion for new trial.

The evidence adduced at trial shows that sometime between 3:00 a.m. and 4:30 a.m. one morning, Shirley Cato arrived at the parking lot of a local fish market to pick up newspapers for delivery. Cato saw two grocery bags outside a broken window in the fish market. She also saw a man inside the fish market. Cato observed the man inside the fish market for 15 to 20 minutes before she went to the police station and reported a burglary in progress. Within three…