Perry v. United States

Appellant and a codefendant, one Stewart, were convicted of attempted burglary in the second degree and attempted petit larceny. 1 Appellant contends the evidence was not sufficient to support his conviction and we agree.

On a Sunday morning two police officers saw appellant standing about 2 feet in front of a broken front window of a store. In answer to their questions appellant denied any knowledge of the breaking. He was asked to remain on the street while the officers entered the store. They entered and observed that the store’s freezer was wide open, and saw near the front entrance of the…