State v. Jones

PEE CUEIAM.

Defendant was indicted for burglary not in a dwelling and was convicted. He appeals. The sole assignment of error asserts that the evidence of his guilt was insufficient to submit to a jury.

■ A police officer saw four young men cruising in an automobile in the vicinity of a restaurant at about 2:17 a.m. At about 2:37 a.m., the officer saw two of the men break into the restaurant. These two were promptly arrested inside the restaurant in the act of burglary. The other two, one of them the defendant, were arrested in the automobile, which was parked nearby.

OES 161.220 provides:

“The…