Gilbertson v. State

The question before us is whether the facts established at trial, together with reasonable inferences *589drawn therefrom, were sufficient to prove beyond a reasonable doubt that the defendant entered the building with intent to commit a felony, to wit, criminal damage to property in excess of $1,000, thus constituting the crime of burglary. We conclude that the evidence is not sufficient and reverse.

The plaintiff in error Leonard Gilbertson (hereinafter “defendant”) was charged in a criminal complaint issued August 24, 1973, with burglary in violation of sec. 943.10 (1) (a), Stats., in that he…