McNeese v. State

Benham, Judge.

Appellant was convicted of burglary. He now challenges the sufficiency of the evidence, the trial court’s denial of his motion for directed verdict of acquittal, and its refusal to charge the jury on the lesser included offense of theft by taking. We affirm.

1. The testimony adduced at trial showed that at about 5:00 p.m. on a Saturday, a security guard employed to protect Fortune Mills, a business establishment, heard a noise on the second floor and found appellant inside the plant, carrying “some bags of socks up in his hands and arms.” The guard testified that the mill was…