Evans v. State

CRIMINAL PETITION FOR TRANSFER

GIVAN, Chief Justice.

A jury convicted appellants Evans and Thomas for Theft, a class D felony, IC § 35-43-4-2 [Burns Supp.1988]. Evans was sentenced to two (2) years executed, and Thomas to two (2) years with four (4) months executed. The Court of Appeals reversed appellants' convictions after finding the jury verdict was unsupported by the evidence. The State's Petition for Transfer is granted. The opinion of the Court of Appeals reported at 455 N.E.2d 1157 is vacated.

The facts are these: On December 1, 1981, at approximately 9:80 P.M., John St. Clair, an…