State v. Stubenrouch

A jury found defendant guilty of stealing from a dwelling house and under the Second Offender Act the court sentenced him to seven years imprisonment. Defendant appeals.

The evidence of stealing from the dwelling house was uncontradicted and overwhelming. The homeowner saw defendant at close range while prowling through his home. Minutes later police found defendant hiding inside an automobile in and near which they found the homeowner’s personal property. Defendant does not question the sufficiency of the evidence, but three issues are raised on appeal.

First, defendant argues the state proved…