Kappes v. State

Dan Kappes, defendant, is appealing his conviction of second-degree burglary,1 for which he was sen-*107fenced to the Indiana Department of Correction for a term of two to five years. The sole issue presented is whether there was sufficient evidence to support the conviction.

We affirm.

Facts viewed most favorably to the State reveal that early on the morning of March 29, 1973, Officer James Withers of the Lafayette Police Department had three men under surveillance. All three were known to Withers personally. At approximately 2:00 a.m., William Crank, Larry Morrison and defendant were observed by…