JUSTICE v. STATE

No. 22S00-8604-CR-362.

530 N.E.2d 295 (1988)

Terry D. JUSTICE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

November 23, 1988.


Attorney(s) appearing for the Case

Michael J. McDaniel, New Albany, for appellant.

Linley E. Pearson, Atty. Gen., Lisa Paunicka, Deputy Atty. Gen., Indianapolis, for appellee.


SHEPARD, Chief Justice.

A jury found appellant Terry Justice guilty of burglary, a class B felony, Ind. Code § 35-43-2-1 (Burns 1985 Repl.) The trial court sentenced him to twenty years in prison.

Justice raises three issues on direct appeal, but we need consider only one: whether the evidence is sufficient to establish intent to commit theft. It is not.

On May 11, 1985, at approximately 2:45 a.m., a crashing noise awakened Tammy Bryant. She heard...

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