Coleman v. State, No. 1270S321

Docket NºNo. 1270S321
Citation257 Ind. 439, 275 N.E.2d 786, 28 Ind.Dec. 37
Case DateDecember 02, 1971
CourtSupreme Court of Indiana

Page 786

275 N.E.2d 786
257 Ind. 439
Rodney COLEMAN, Appellant,
v.
STATE of Indiana, Appellee.
No. 1270S321.
Supreme Court of Indiana.
Dec. 2, 1971.

[257 Ind. 440] Palmer K. Ward, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., for appellee.

Page 787

PRENTICE, Judge.

Defendant (Appellant) was convicted in a trial to the court of the offense of Second Degree Burglary (1956 Repl. Burns' Ind.Stat.Ann. § 10--701(b), Acts 1941, Ch. 148, § 4, I.C. 1971, 35--13--4--4. He was sentenced to the state prison for a term of not less than two nor more than five years and disfranchised for two years. The statute, in relevant parts, is as follows:

'Whoever breaks and enters into * * * building or structure other than a dwelling-house or place of human habitation,[257 Ind. 441] with the intent to commit a felony therein, shall be guilty of burglary in the second degree, * * *.'

The appeal is addressed to the sufficiency of the evidence.

The arresting officer, in response to radio instructions, went to the Safeway Brake Shop at 738 North Illinois Street in Indianapolis, Marion County, Indiana to investigate a possible break-in signaled by a burglar alarm. Upon arrival, he observed the defendant running from the building through a partially opened door. The officer pursued the defendant, who ran from the scene and was apprehended in a nearby alley. When apprehended, Defendant had in his possession $8.75 in quarters, $10.40 in dimes, $1.40 in nickels, and $1.02 in pennies, as well as some personal papers that had been taken from the cash drawer at the burglarized premises. Defendant was returned to the Brake Shop, where the arresting officer examined the building and found that a lower window in the door to the premises had been broken from the outside. The cash drawer was missing from the desk drawer but was subsequently located outside the building. The owner of the premises was summoned to the scene, identified the papers found upon the defendant as having been taken from his cash drawer and verified that the amount of money missing from the cash drawer was all in coins and corresponded approximately with the amount aforesaid found upon the defendant. The owner further testified that the shop had been locked at the close of business on the preceding evening, that the cash drawer containing the money was inside the building at that time and that he had not authorized the defendant to enter the...

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25 practice notes
  • Wright v. State, No. 2--673A136
    • United States
    • Indiana Court of Appeals of Indiana
    • August 29, 1974
    ...may be sustained on circumstantial evidence and often is. See, Sargent v. State (1973), Ind.App., 297 N.E.2d 459; Coleman v. State (1971), 257 Ind. 439, 275 N.E.2d 786; Cravens v. State (1971), 257 Ind. 381, 275 N.E.2d 4; Tyler v. State (1973), Ind.App., 292 N.E.2d 630; Walker v. State (196......
  • Berry v. State, No. 372A141
    • United States
    • Indiana Court of Appeals of Indiana
    • October 3, 1972
    ...which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. Coleman v. State (1971), Ind., 275 N.E.2d 786; Gibson v. State (1971), Ind., 271 N.E.2d 706; Taylor v. State (1971), Ind., 267 N.E.2d In the instant case, the evidence most favorable to t......
  • Lewis v. State, No. 475S93
    • United States
    • Indiana Supreme Court of Indiana
    • March 10, 1976
    ...the trier of facts could have reasonably inferred, beyond a reasonable doubt, that the defendant was guilty. Coleman v. State, (1971) 257 Ind. 439, 275 N.E.2d 786; Gibson v. State, (1971) 257 Ind. 23, 271 N.E.2d 706; Fuller v. State, (1971) 256 Ind. 681, 271 N.E.2d This Court, on appeal, wi......
  • Gregory v. State, No. 1170S286
    • United States
    • Indiana Supreme Court of Indiana
    • September 7, 1972
    ...of law, that the evidence was insufficient. Convictions may be had on circumstantial evidence alone. Coleman v. State (1971), Ind., 275 N.E.2d 786; Martin v. State (1968), 250 Ind. 519, 237 N.E.2d 371; Hardesty v. State (1968), 249 Ind. 518, 231 N.E.2d 510. We are aware of no reason why thi......
  • Request a trial to view additional results
25 cases
  • Wright v. State, No. 2--673A136
    • United States
    • Indiana Court of Appeals of Indiana
    • August 29, 1974
    ...may be sustained on circumstantial evidence and often is. See, Sargent v. State (1973), Ind.App., 297 N.E.2d 459; Coleman v. State (1971), 257 Ind. 439, 275 N.E.2d 786; Cravens v. State (1971), 257 Ind. 381, 275 N.E.2d 4; Tyler v. State (1973), Ind.App., 292 N.E.2d 630; Walker v. State (196......
  • Berry v. State, No. 372A141
    • United States
    • Indiana Court of Appeals of Indiana
    • October 3, 1972
    ...which the trier of fact could reasonably infer that the defendant was guilty beyond a reasonable doubt. Coleman v. State (1971), Ind., 275 N.E.2d 786; Gibson v. State (1971), Ind., 271 N.E.2d 706; Taylor v. State (1971), Ind., 267 N.E.2d In the instant case, the evidence most favorable to t......
  • Lewis v. State, No. 475S93
    • United States
    • Indiana Supreme Court of Indiana
    • March 10, 1976
    ...the trier of facts could have reasonably inferred, beyond a reasonable doubt, that the defendant was guilty. Coleman v. State, (1971) 257 Ind. 439, 275 N.E.2d 786; Gibson v. State, (1971) 257 Ind. 23, 271 N.E.2d 706; Fuller v. State, (1971) 256 Ind. 681, 271 N.E.2d This Court, on appeal, wi......
  • Gregory v. State, No. 1170S286
    • United States
    • Indiana Supreme Court of Indiana
    • September 7, 1972
    ...of law, that the evidence was insufficient. Convictions may be had on circumstantial evidence alone. Coleman v. State (1971), Ind., 275 N.E.2d 786; Martin v. State (1968), 250 Ind. 519, 237 N.E.2d 371; Hardesty v. State (1968), 249 Ind. 518, 231 N.E.2d 510. We are aware of no reason why thi......
  • Request a trial to view additional results

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