State v. Swanson

Defendant-appellant, Bennie L. Swanson (defendant), appeals his criminal conviction, following a jury trial, for aggravated burglary (R.C. 2911.11) and petty theft (R.C. 2913.02).

For reasons adduced below, the judgment is reversed.

I

At approximately 11 p.m. on February 6,1982, the third floor apartment of Arthur Scarver was burglarized. Scar-ver resided in a duplex located at 10118 North Boulevard, Cleveland. Although Scarver was absent from the apartment at the time of the break-in, two other residents of the building were there. From the second floor bedroom Lillian Jones heard unusual…