State v. Mussman

SOMERVILLE, Presiding Judge.

A jury found defendant guilty of Burglary, Second Degree, and fixed his punishment at imprisonment by the Department of Corrections for three years. The state’s case rested on circumstantial evidence. Defendant seeks appellate relief on two grounds.

First, defendant urges that the wholly circumstantial nature of the state’s evidence failed to negate “every reasonable inference of [his] innocence.” Otherwise stated, defendant challenges the sufficiency of the evidence to sustain his conviction. In reviewing defendant’s first assignment of error, this court accepts as…