State v. Wagner

After a trial to the court, sitting with a jury, David Wagner was convicted of burglary in the second degree. He appeals from the judgment entered on the verdict, contending that the trial court erred by refusing to instruct the jury that Wagner could not be found guilty solely upon dog tracking evidence. We reverse.

The facts essential to a disposition of this case are as follows: On December 17, 1981, at 1:30 a.m., Ronald Kennedy heard noises in the basement of his home, awakened his wife, and directed her to call the police. Officer Miner and police dog Brando arrived within 3 minutes of…