Legal Opinion · Dissent

Hahn v. State

Indiana Court of Appeals

Decided February 8, 1989No. 18A02-8801-CR-26Published

1DissentBuchanan, Judge

I dissent.

For reasons discussed below, I cannot agree that final instructions 11 and 12, when considered in conjunction with the evidence presented at trial, warrant a reversal of Hahn’s conviction. While Justice v. State (1988), Ind., 530 N.E.2d 295, suggests that a criminal conviction cannot be affirmed if there is merely evidence of breaking and entering, and flight, it is clear that so long as there is some other evidence which strongly corroborates intent and provides a solid basis to support a reasonable inference of intent to commit the charged felony, the conviction should be…

2Cases cited6 opinions

  1. Slaton v. StateIndiana Supreme Court · 1987
  2. Gilliam v. StateIndiana Supreme Court · 1987
  3. Blackmon v. StateIndiana Supreme Court · 1983
  4. Justice v. StateIndiana Supreme Court · 1988
  5. Gebhart v. StateIndiana Supreme Court · 1988

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