EVANS v. STATE

No. 4-183A5.

455 N.E.2d 1157 (1983)

Kenneth D. EVANS, Ricky L. Thomas, Appellants (Defendants below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied December 8, 1983.


Attorney(s) appearing for the Case

John Wissner, Scales, Wissner & Krantz, Boonville, for appellants.

Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.


YOUNG, Judge.

After a jury trial, defendants-appellants Kenneth D. Evans and Ricky L. Thomas were convicted of Theft. They appeal their convictions challenging the admission of their statements and the sufficiency of the evidence.

John W. St. Clair, who operated a road grader for Peabody Coal Company, was working the evening shift on December 1, 1981. At about 9:30 p.m., he was driving his road grader to a large fuel tank owned by Peabody and located on its...

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