Wallace v. State

ON MOTION FOR REHEARING

We withdraw our previously issued opinion and substitute the following in its place.

We affirm appellant’s conviction for throwing a deadly missile into a dwelling, concluding that the state’s evidence was sufficient to withstand a motion for judgment of acquittal. Appellant was known to the occupant of the house, and he had come to her window one evening asking for money. When she refused he said, “I’m going to throw a brick through the window.” After that, the victim heard a crash and found a brick in her room. The curtains were blowing, and the victim saw appellant…