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KEIRNS v. STATE

No. 3-1279A353.

403 N.E.2d 361 (1980)

Robert W. KEIRNS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

May 14, 1980.

Attorney(s) appearing for the Case

Donald C. Swanson, Jr., Fort Wayne, for defendant-appellant.

Theo. L. Sendak, Atty. Gen., Palmer K. Ward, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Presiding Judge.

Robert Keirns was charged with and convicted of attempted burglary.1 The undisputed evidence of a breaking amply satisfies the statutory requirement of conduct constituting a substantial step toward commission of the intended offense. The issue posed by Keirns' challenge to the sufficiency of the evidence is whether from the facts and circumstances disclosed at trial a jury could properly conclude beyond a reasonable...

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