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Martin v. State

Inconsistencies in the victim's pretrial statement and his trial testimony did not mandate a conclusion that the evidence was insufficient to support the defendant's conviction.

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Calvin Martin and Abraham Harris were indicted for burglary and robbery. They were tried before a jury, which found them guilty of burglary, but not guilty of robbery. Martin appeals from his burglary conviction, challenging the sufficiency of the evidence and the court’s jury charge. The challenges are without merit, and we therefore affirm the conviction.

At trial, the state presented testimony that Douglas Widener was asleep in his upstairs bedroom when, at about 2:15 in the morning, he heard glass break downstairs. He called the police, and then went downstairs. Widener saw that a small front door window and a larger porch window had been broken. He also saw two men, later identified as Martin and Harris, standing outside on the porch. Martin and Harris were yelling for a man known as “Wild Bill,” who rented a room in Widener’s house. Widener unlocked the door, and Martin and Harris came inside the house. One of them then grabbed Widener around the neck, threatened to cut his throat, and took $340 in cash from Widener’s wallet. They fled from the house, and a short time later a police officer arrived at the scene.

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