Gibson v. State

Defendants (Appellants) were convicted of Second Degree Burglary under Burns Ind. Stat., 1956 Repl., § 10-701 (b) (Acts 1951, ch. 148, §4). Their appeal presents three questions: (1) Sufficiency of the evidence, (2) Adequacy of Miranda warning and waiver and (3) Validity of verdict returned after a jury had separated without leave of court.

The evidence most favorable to the State discloses that the defendants were arrested at the scene of the crime within a few minutes after the arresting officers arrived in response to a signal from a burglar alarm. The furniture store premises which had…