Tasco v. State

HornBy, J.,

filed the following dissenting opinion.

As I read it, the majority opinion holds in effect that the proximity of the time when and the place where the burglary was committed together with the presence of the defendants in and flight from the vicinity of the burglarized premises was sufficient to support a proper and permissible inference that the defendants had actually participated in the burglary. I cannot agree because in my opinion the mere coincidence of these factors, without more, was not enough to justify a conviction.

*512It may be that the defendants (Charles H. Tasco and Bob…