Miller v. State

I respectfully dissent.

The majority concludes that there was insufficient evidence from which the trier of-fact could have found that Miller acted with the intent to defraud. "Because specific intent is a mental state not generally susceptible of direct proof, it may be inferred from all the surrounding circumstances." Hammond v. State (1985), Ind.App., 479 N.E.2d 629, 632. Miller, as general contractor for the Spurlocks, purchased building materials from Ziegler Building Materials, Inc. On September 20, 1977, and October 8, 1977, Miller owed Ziegler in excess of $5,000 and $12,000…