Coleman v. State, 1270S321

• Citation: 257 Ind. 439,275 N.E.2d 786,28 Ind.Dec. 37
• Decision Date: 02 December 1971
• Docket Number: No. 1270S321,1270S321
• Parties: Rodney COLEMAN, Appellant, v. STATE of Indiana, Appellee.
• Court: Supreme 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.

Palmer K. Ward, Indianapolis, for appellant.

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

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, 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 premises.

Defendant testified that he was in the neighborhood to see relatives and that the money found in his possession was his property. His testimony was not refuted nor his credibility attacked, and the contends that there was no evidence that he was the person who broke and entered the burglarized premises.

When the sufficiency of the evidence is raised on appeal, this Court will consider only that evidence most favorable to the State together with all logical and reasonable inferences which may be drawn therefrom. Gibson v. State (1971), Ind., 271 N.E.2d 706; Fuller v. State (1971), Ind., 271 N.E.2d 720.

The conviction will be affirmed if, from that viewpoint there is substantial evidence of probative value...