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FRESHWATER v. STATE

No. 27S02-0606-CR-240.

853 N.E.2d 941 (2006)

Otis FRESHWATER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 12, 2006.

Attorney(s) appearing for the Case

C. Robert Rittman, Grant County Public Defender, Marion, IN, Attorney for Appellant.

Stephen R. Carter, Attorney General of Indiana, Scott L. Barnhart, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 27A02-0510-CR-1003

SULLIVAN, Justice.

Defendant Otis Freshwater was convicted of burglary. He appeals, contending that the State did not prove one of the essential elements of the crime of burglary: that, when he broke into and entered a building, he did so with the intent to commit theft. Long-standing precedent of this Court dictates that "some fact in evidence must point to an intent to commit...

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