People v. McClendon

Phillip English McClendon was convicted by a jury of second-degree burglary (1971 Perm. Supp., C.R.S. 1963, 40-4-203). On appeal, his primary assertions of error are that the instructions permitted the jury to draw impermissible inferences from the evidence and that the evidence was insufficient to sustain the jury’s verdict. We affirm.

No dispute exists as to the facts which led to the defendant’s arrest and to his subsequent conviction. On September 1, 1972, a house owned by Haywood Daniel was burglarized while Daniel was on a trip, and a number of household items were taken. Daniel had…