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Lawskills.com Georgia Caselaw
KIMBRO v. THE STATE.
58647.
CARLEY, Judge.
Illegal entry. Clarke Superior Court. Before Judge Barrow.
From a burglary conviction, appellant brings this appeal. The sole enumeration of error is the trial court's denial of appellant's motion for direted verdict of acquittal. It is urged that the state's evidence is insufficient as a matter of law to support the conviction.
The state presented two witnesses who testified that on the night in question they heard the sound of breaking glass and left their home to investigate. An individual was observed to enter a laundromat through a broken glass door. The individual, after gaining entry then attempted to break into a juke box. One of the witnesses then left to call the police. As the police car approached, the individual in the laundromat began to flee across the street, holding a tire tool and he was then recognized as one Lonnie Lamar Rogers. At that point, another individual, identified as appellant, was noticed to be waiting across the street from the laundromat in a gas station parking lot. Rogers and appellant were then observed to flee together and hide in some nearby furniture crates.
Upon the arrival of the police, the witnesses pointed out where the two men had hidden themselves. Rogers and appellant were discovered inside a box which also contained a tire tool and a pair of gloves. Footprints inside the laundromat matched those of Rogers.
Virginia, ---- U. S. ---- (99 SC 2781, 61 LE2d 560) (1979). The motion for directed verdict of acquittal was properly denied. Merino v. State, 230 Ga. 604 (198 SE2d 311) (1973); Bethay v. State, 235 Ga. 371 (219 SE2d 743) (1975).
Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.
J. H. Affleck, Jr., for appellant.
SUBMITTED OCTOBER 2, 1979 -- DECIDED JANUARY 8, 1980.
Friday May 22 02:40 EDT


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