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STATE v. BARCLAY

No. State 206.

54 Wis.2d 651 (1972)

196 N.W.2d 745

STATE, Respondent, v. BARCLAY, Appellant.

Supreme Court of Wisconsin.

Decided May 4, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Irvin B. Charne and Charne, Glassner, Tehan, Clancy & Taitelman, all of Milwaukee, and oral argument by Irvin B. Charne.

For the respondent there was a brief by Robert W. Warren, attorney general, and Richard J. Boyd, assistant attorney general; oral argument was by Lawrence P. Biggam of San Francisco, California.

ROBERT W. HANSEN, J.

One question only is asked by this appeal: Was the evidence sufficient to permit the jury to reasonably conclude beyond a reasonable doubt that the defendant's unlawful entry was made with intent to steal?1

Credible evidence, adduced by the state, which the jury was entitled to believe, established that the defendant was observed by a police officer—at 4:45 a. m.—walking to the rear of a tavern...

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