In re Ray D. R.

The petition presents an interesting question of proof in a charge of burglary and for criminal trespass; to wit: Whether it was necessary for the owner to testify that the wrongdoer had no license or privilege to be upon the premises or whether there is sufficient in this particular case to prove a prima facie case without the owner’s testimony.

The facts are simply: The arresting officer, who is also the petitioner, testified that on December 12, 1971 at 8:00 p.m. while on radio motor patrol, he received a message of a burglary in progress at premises 593 Court Street, Brooklyn, 1ST. Y.,…