Rance v. State

The only issue presented by this appeal which is necessary to our decision is whether the evidence is sufficient to sustain Franklin C. Ranee’s conviction of Second Degree Burglary1 and Larry W. Thurston’s conviction of Entering to Commit a Felony.2

We reverse.

The evidence viewed most favorably to the State shows the following:

Sometime between 11:00 p.m. on December 9, 1973 and 6:30 a.m. on December 10, 1973, the Moose Lodge in Dan-ville, Indiana was entered by means of a hole chopped in the roof with an ax or pry bar. Among other things, several locked bank money bags full of cash were taken.

A…