Martin v. State, 1267S146
| Docket Nº | No. 1267S146 |
| Citation | 250 Ind. 519, 237 N.E.2d 371 |
| Case Date | June 12, 1968 |
| Court | Supreme Court of Indiana |
Page 371
v.
STATE of Indiana, Appellee.
[250 Ind. 520]
Page 372
Chester H. Wilson, Indianapolis, for appellant.John J. Dillon, Atty. Gen. of Indiana, Robert F. Hassett, Deputy Atty. Gen., for appellee.
LEWIS, Chief Justice.
This is an appeal from a judgment of the Criminal Court of Marion County, Division Two, by which appellant was convicted of the crime of Second-Degree Burglary pursuant to Burns' Indiana Statutes, Anno., (1956 Repl.), § 10--701.
The evidence elicited at trial relates the following: On Sunday night, December 4, 1966, at about 9:05 P.M., an Indianapolis police officer received a call, via his police radio, to proceed to the Veterans of Foreign Wars Post on English Avenue where a burglar alarm had been set off. The burglarized building was equipped with an alarm which sounded when it was forcibly entered. The burglars had gained entry by breaking out a glass which was covered with wooden bars. When this glass was broken it triggered the alarm.
Approximately three (3) minutes after receiving said call, the police officer arrived at the scene; and about a minute thereafter he saw the appellant near the burglarized premises running away from said area in a southeasterly direction. The officer, after ordering the fleeing man to stop, found him where he was hiding next to the building; and also the appellant's accomplice was found lying on the ground about ten (10) feet from the appellant.
When the police officer arrived at the place where the appellant was standing, he noticed a cigar box lying on the ground between the appellant's feet. The cigar box contained $25.63. [250 Ind. 521] The police officer also testified that he found a 'pry bar' and a screwdriver by the appellant.
After the appellant had been advised of his rights by the police officer, he was questioned. Appellant stated to his interrogator that he and his accomplice had
Page 373
planned the burglary together; and also, he admitted that they had both been inside the building.The cigar box found at the feet of the appellant was positively identified by two (2) witnesses at trial as being from the burglarized premises.
On appeal, appellant raises as his only assigned error:
The insufficiency of the evidence to support the judgment of the Court.
More specifically, appellant contends that there was no evidence proving that he actually broke...
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Gregory v. State, 1170S286
...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 this rule should not apply to con......
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Rogers v. State, 572A238
...the trier of fact may reasonably and naturally infer to a moral certainty the existence of the fact in issue. Martin v. State (1968), 250 Ind. 519, 237 N.E.2d 371, 14 Ind.Dec. 465; Coleman v. State (1971), Ind., 275 N.E.2d 786, 28 Ind.Dec. 37; Hardesty v. State (1967), 249 Ind. 518, 231 N.E......
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Taylor v. State, 771S210
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Coleman v. State, 1270S321
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