State v. McKinney

PRITCHARD, Chief Judge.

By a verdict of a jury appellant was convicted of the commission of the crime of burglary in the second degree. Upon a finding that appellant was a second offender, the court sentenced him to five years in the Department of Corrections.

Two points are presented. The first is that the trial court committed error in refusing to permit appellant to argue to the jury that it could draw an unfavorable inference from the state’s failure to produce evidence of matching pry marks on victim Danny Paradise’s door with a knife taken from appellant, or otherwise connecting the knife…