State v. Isaac

Defendant was observed making an attempt to enter an unattended van truck by forcing the. door with some type of metal instrument. The operator of the truck, upon being alerted by the observer, called police and the defendant was apprehended a short distance from the scene of the incident.

Defendant' was charged with the offense of criminal mischief, R. C. 2909.07. At.the close of prosecution’s case, defendant moved for dismissal on the issue of failure of the state to establish that defendant did not have “privilege” to attempt to gain entrance to the vehicle.

The pertinent portion of the…