Beard v. State

James Beard appeals from a jury conviction for Second Degree Burglary. He argues that the evidence was insufficient; that a fatal variance exists between the charging affidavit and the proof; and that his motion to dismiss based on former jeopardy was erroneously denied.

At two o’clock on the morning of January 21, 1978, Indianapolis police officers responded to a burglar alarm signal from the 7-11 Food Store at 2947 North Sherman Drive. Officer Bosly, who was the first to arrive on the scene, observed through the front window a black male crouching behind the counter. The suspect then ran…