Duling v. State

Case Summary

Lowdermilk, J.

— Defendant-appellant, Joseph Martin Duling (Duling) was convicted by a jury of the offenses of Burglary in the Second Degree 1 and Conspiracy to Commit a Felony — to wit: Burglary in the Second Degree, 2 and he appeals.

We affirm.

FACTS

The facts are that, on the evening of April 27, 1975, the burglar alarm of George Ping’s^ home sounded to announce that someone was in his welding shop which was 70 rods down the road. Ping grabbed his .22 rifle. As he drove to his shop he noticed what he thoug'ht to' be the burglar’s van beside the road; he punctured a tire on. the van…