Michael Lynn Burchette was indicted and convicted on one count of arson. His amended motion for new trial was denied, and he appeals. Burchette challenges the sufficiency of the evidence, the trial court’s ruling with respect to one of his character witnesses, and the Allen charge given to the jury. We find no reversible error, and we affirm. 1. Burchette argues that the circumstantial evidence was insufficient to convict him. Construed in favor of the jury’s verdict, evidence was presented that Burchette entered into a lease-purchase agreement with the victims under which he agreed to buy their home for $175,000. The agreement required Burchette to give the victims $5,000 earnest money and to pay monthly rent of $1,200. The closing was first set for August 1, 1999. After Burchette’s family moved into the house in September 1998, he made a number of late rent payments and did not pay several late fees required under the contract. Burchette sought and obtained three extensions on the closing from August 1, 1999 through December 8, 1999. When the closing did not occur on December 8, the victims notified Burchette that the house would be placed back on the real estate market.
In response, the victims received a letter from Burchette requesting return of his $5,000 earnest money. The letter recited in part that Burchette and his family “have lost much more than you stand to gain in this ordeal and trust you will see the wisdom in the solution,” that his “family had made this house their home and planned on being here for a while,” and that the “house holds many memories for us and now hard feelings at the prospects of leaving. As I am sure that you can appreciate, the prospects of moving has sic come as quite an unexpected blow, especially around the holidays.” The letter further recited, “If we must move, I am not inclined to have any other people impose upon my family. If you will not agree to sell the house to us as we agreed, then kindly return our down payment monies of five thousand dollars so we can place our goods in storage and we can relocate.” Burchette stated in the letter that his family would move out of the house within ten days after the return of their down payment. The victims retained the earnest money based on language in the lease-purchase agreement requiring forfeiture of the $5,000 if Burchette failed to close.
