Farno v. State, No. 2--973A204
| Docket Nº | No. 2--973A204 |
| Citation | 308 N.E.2d 724, 159 Ind.App. 627 |
| Case Date | March 28, 1974 |
| Court | Court of Appeals of Indiana |
Page 724
v.
STATE of Indiana, Appellee (Plaintiff below).
Herbert W. Johnson, Jr., Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., David A. Miller, Deputy Atty. Gen., Indianapolis, for appellee.
BUCHANAN, Judge.
[159 Ind.App. 628] CASE SUMMARY
Defendant-Appellant Jerald Farno (Farno) appeals from a trial court conviction
Page 725
of Entering to Commit A Felony (Theft), claiming insufficient evidence as to his intent to commit the theft.We affirm.
The facts and evidence most favorable to the State are:
On the evening of April 12, 1972, Farno's mother, Treva Farno (Treva) returned to her house from a thirty-minute shopping trip to find the glass from her back door had been broken. Farno, who had been released from jail the day before, was inside the house.
Upon seeing her son in the house, Treva became angry and threatened to telephone the police. A scuffle ensued. Farno seized Treva's purse, containing $123.00 and some keys, and fled out the back door.
Three days later, Farno called Treva and informed her where the purse could be found. Treva went to the location and found the purse. The money and keys had been removed.
Farno had not resided at the house since reaching the age of twenty-one in September, 1971, seven months before. At that time he was ordered by Treva to leave. On the day of his release from jail, Treva had sought and obtained a restraining order, prohibiting Farno from visiting her residence.
At trial, Farno stated that he had no money when he was released from jail and went to Treva's home to get some clothing he had left behind. Treva testified that Farno had neither clothing nor any other personal belongings in the house at the time of the incident.
Although Farno was charged by affidavit with First Degree Burglary, he was convicted by the trial court on May 15, 1973 of Entering to Commit a Felony, i.e., Theft, and was sentenced to a term of not less than one nor more than five years.
[159 Ind.App. 629] ISSUE
Was the evidence sufficient to prove that Farno entered
Treva's home with the intent to commit a felony (theft)?
Farno admits to entering into the house and subsequently seizing Treva's purse and fleeing. However, he argues that neither the theft nor his flight serve as evidence from which the trial court could have inferred that he intended to commit theft at the moment he entered the dwelling.
The State contends that the element of Farno's intent at the time of entry was reasonably inferrable from circumstantial evidence.
CONCLUSION--It is our opinion that the evidence was sufficient to prove beyond a reasonable doubt that Farno possessed an intention to commit theft at the time he entered the house.
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Defries v. State, No. 975S223
...the trier of fact from the circumstances surrounding an act as revealed by the evidence. Page 625 See: Farno v. State (1974), Ind.App., 308 N.E.2d 724, and cases cited therein. However, the evidentiary facts from which such ultimate facts must be proved need not be alleged in an indictment ......
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Clayton v. State, No. 2--476A165
...1 Ind.Ann.Stat. 35--13--4--14(b) (Burns Code Ed. 1975). 1 (1975) Ind.App., 337 N.E.2d 573. 2 Id. at 574. 3 (1974), Ind.App., 308 N.E.2d 724. 4 Id. at 725--26 (citations omitted). 5 This is not a case in which there is an absolute dearth of evidence on specific intent--as there was in those ......
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Windle v. State, No. 2--973A208
...inferences of Windle's guilt beyond a reasonable doubt of each element of First Degree Burglary. See, Farno v. State (1974), Ind.App., 308 N.E.2d 724; Robinson v. State (1971), 257 Ind. 38, 271 N.E.2d 727; Davis v. State (1968), 251 Ind. 133, 239 N.E.2d 601; Walker v. State (1968), 250 Ind.......
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Wright v. State, No. 2--673A136
...Osburn v. State (1905), 164 Ind. 262, 73 N.E. 601; White v. State (1948), 226 Ind. 309, 79 N.E.2d 771; Farno v. State (1974), Ind.App., 308 N.E.2d 724. Although Montgomery could not possitively identify Wright as one of the youths he witnessed breaking into and entering the Bernard home, he......
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Defries v. State, No. 975S223
...the trier of fact from the circumstances surrounding an act as revealed by the evidence. Page 625 See: Farno v. State (1974), Ind.App., 308 N.E.2d 724, and cases cited therein. However, the evidentiary facts from which such ultimate facts must be proved need not be alleged in an indictment ......
-
Clayton v. State, No. 2--476A165
...1 Ind.Ann.Stat. 35--13--4--14(b) (Burns Code Ed. 1975). 1 (1975) Ind.App., 337 N.E.2d 573. 2 Id. at 574. 3 (1974), Ind.App., 308 N.E.2d 724. 4 Id. at 725--26 (citations omitted). 5 This is not a case in which there is an absolute dearth of evidence on specific intent--as there was in those ......
-
Windle v. State, No. 2--973A208
...inferences of Windle's guilt beyond a reasonable doubt of each element of First Degree Burglary. See, Farno v. State (1974), Ind.App., 308 N.E.2d 724; Robinson v. State (1971), 257 Ind. 38, 271 N.E.2d 727; Davis v. State (1968), 251 Ind. 133, 239 N.E.2d 601; Walker v. State (1968), 250 Ind.......
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Wright v. State, No. 2--673A136
...Osburn v. State (1905), 164 Ind. 262, 73 N.E. 601; White v. State (1948), 226 Ind. 309, 79 N.E.2d 771; Farno v. State (1974), Ind.App., 308 N.E.2d 724. Although Montgomery could not possitively identify Wright as one of the youths he witnessed breaking into and entering the Bernard home, he......