Smith v. State

Shulman, Chief Judge.

Appellant was convicted of burglary and appeals, asserting the general grounds.

The evidence at trial revealed that on August 1,1982, appellant approached the husband of state’s witness Janet Ball. As Ball was standing by his car in front of his mother-in-law’s house, the witness overheard appellant inform Ball that he had cut a hole in the wire fence surrounding Banister’s Upholstery Company and that he planned to enter the building and take some things he could easily sell. Appellant offered to let Ball help himself to the merchandise if Ball would not alert the police.…