Miller v. THE STATE

McMurray, Presiding Judge.

Defendant was indicted for the offenses of burglary and aggravated assault. On the trial of the case defendant was convicted of the offense of burglary and acquitted of the aggravated assault charge. Defendant appeals from his conviction of the offense of burglary, contending that the evidence was insufficient to support the conviction. Held:

The state’s uncontroverted evidence shows that the burglary in question was perpetrated by a number of individuals, including one Goodsir. The essential question presented to the jury was whether the defendant was an accomplice…