Gilmer v. State

TAYLOR, Presiding Judge.

The appellant, Billy Eugene Gilmer, Sr., was convicted of burglary in the first degree, a violation of § 13A-7-5, Code of Alabama 1975, and of discharging a firearm into an occupied building, a violation of § 13A-11-61. The appellant was sentenced to 20 years in the penitentiary for the burglary conviction and to 5 years for the firearm conviction.

I

The appellant contends that the trial court erred in denying his motion for a judgment of acquittal on the first degree burglary charge because, he says, there was no evidence that he intended to commit a felony when he…