Freeman v. State

CONOVER, Presiding Judge.

James A. Freeman (Freeman) appeals his jury convictions for Burglary, a class B felony, and Theft, a class D felony.

We reverse.

ISSUE

Because we reverse, we need only address the following issue:

Is there sufficient evidence to sustain the conviction?

FACTS

On October 6, 1982, the victim left his Indianapolis home between 9:00 and 9:15 a.m. to go jogging. He returned approximately one-half hour later and found some of his stereo equipment and VCR sitting outside near the top of the steps to his home. A window was open, its bent sereen on the ground. He unlocked the door…