Carpenter v. State

Carpenter was tried by jury and convicted of theft. The evidence disclosed that at about 3:30 p.m. on October 31,1974, Carpenter entered Carbaugh’s Jewelry in Auburn, Indiana, for the second time that day. At the time the salesclerk was occupied with Althea Sexton, the woman with whom Carpenter had been living for some three years. As the clerk went to the back of the store with Sexton to prepare a claim check for a clock that was to be repaired, she observed Carpenter lean over a display case containing diamond rings, reach into the case and then withdraw his hand and put it in his pocket.…