White v. State, 28345.
| Decision Date | 10 June 1948 |
| Docket Number | No. 28345.,28345. |
| Citation | 79 N.E.2d 771,226 Ind. 309 |
| Parties | WHITE v. STATE. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Thomas D. White was convicted of second degree burglary, and he appeals.
Affirmed.Appeal from Criminal Court, Marion County; Floyd R. Mannon, Special judge.
Jack B. Kammins, of Indianapolis, for appellant.
Cleon H. Foust, Atty. Gen., and Frank Coughlin and Merl Wall, Deputy Attys. Gen., for appellee.
The appellant, with another, was jointly charged by affidavit with second degree burglary. The other person entered a plea of guilty and the appellant was tried by a jury. At the conclusion of the trial there was a verdict of guilty. Judgment was entered on the verdict and within 30 days a motion for a new trial was filed and overruled and from that ruling this appeal is being prosecuted.
The only question not waived in the propositions, by failure to brief, relates to the sufficiency of the evidence to sustain the conviction.
From the evidence most favorable to the State and the reasonable inferences that could be drawn therefrom, the jury could find that the appellant and two others drove to Smith's Tavern in the City of Indianapolis, Marion County and State of Indiana, on the 6th day of April, 1946, about three o'clock in the morning; that the appellant and one other waited in the car while the driver thereof went to the front door and, by the use of a bar, broke the lock and forced the door open; that the driver then entered the tavern but was caused to leave without taking any property; that the appellant and the other person in the car gave signals of danger by starting the car and driving away and then coming back and stopping the engine to show that the coast was clear; that the police were called and given a description of the car being used by the appellant and two others; that a police car saw the car a few blocks from the scene of the attempted burglary and gave chase; that the appellant and the one jointly charged with him were apprehended within a matter of minutes after the police received the call from a man who lived close to the tavern and who had noticed the car stopping and driving away and then returning to the front of the tavern; and that when apprehended the two men who were jointly charged with the crime were riding in the car which had been described to the police.
A verdict of guilty must be supported by evidence in proof of every element of the offense charged. Trainer v. State, 1926, 198 Ind. 502, 154 N.E. 273.
It has been held that where reliance is placed on circumstantial evidence, that evidence must be so conclusive in character that it excludes every reasonable hypothesis of the innocence of the accused. It likewise has been held that the above rule is for the guidance of the trial court,...
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