Cole v. State

McMurray, Presiding Judge.

Defendants were indicted and convicted for the offense of burglary. Both defendants appeal based upon the sufficiency of the evidence and the alleged failure to corroborate the testimony of a juvenile accomplice. Additionally defendant Cole contends that the trial court’s charge to the jury on positive or circumstantial evidence was burden-shifting and that the trial court’s charge on the evidence provided by the juvenile accomplice was incorrect, ambiguous and misleading.

On the night of October 4, 1979, after having closed for the evening, a grocery store was…