In Re Owens

BROCK, Chief Judge.

The conduct of Lorenzo Owens in being with James Allen Wilson on each occasion tends to throw a cloud of suspicion around him. However, suspicion is not enough. As Judge Wheeler announced at the beginning of the hearing: “The standard of proof in each of the cases is that of beyond a reasonable doubt.”

Before the State was entitled to have the case considered by the finder of the facts, it was required to offer evidence of participation by Lorenzo Owens in the offense of larceny. We agree with Judge Wheeler that the State failed to offer evidence for submission to the finder…