McMAHEL v. STATE

No. 13A04-9112-CR-403.

609 N.E.2d 1175 (1993)

Kevin McMahel, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

March 9, 1993.


Attorney(s) appearing for the Case

Eugene C. Hollander, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee.


MILLER, Judge.

Kevin McMahel claims his conviction for Burglary, a class C felony, and Theft, a class D felony, were not supported by the evidence. We agree and reverse.

FACTS

The facts most favorable to the judgment are that on the night of August 31 and early morning hours of September 1, 1990, Christine Epperson was the bartender at the Green Lantern Tavern in English, Indiana. Epperson testified that McMahel, Todd Gray, and Kim Angle had been...

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