State v. Byrd

This comes before us upon appeal from a finding of guilt by a trial judge, a jury having been waived, of the crime of housebreaking (Section 2907.15, Revised Code) in a case arising as the result of the indictment of defendant on a charge of burglary (Section 2907,10 Revised Code),

On June 21, 1967, the proprietor of a restaurant in the eity of Cincinnati, Ohio, locked up his place of business at approximately six p. m. At about 10:45 p. m. the same evening, a police officer of the city on patrol saw defendant exiting from an alley, or passageway, upon which one of several doors to the…