Finch v. State

Dissenting Opinion

Arterburn, J.

I regret that I must dissent from the majority opinion, which reverses the trial court’s conviction of the appellant of second degree burglary. I must do this because I think the opinion departs from well settled princi*127pies of appellate review of the evidence when a case comes before this Court on appeal.

I feel the majority opinion not only weighs the evidence and the inferences to be drawn therefrom, but in fact substitutes this Court’s opinion as to what is proof beyond a reasonable doubt, which conclusion is one solely for the jury.

Examining the facts most…