Dalton v. State

CAREY, Justice:

Appellant Frank S. Dalton was indicted and tried for fourth-degree burglary in the Superior Court, where he was convicted after a jury trial. His timely motions for acquittal were denied, and this appeal from those denials followed. His only contention is that the evidence did not show an unlawful breaking by him. *

The evidence supporting Dalton’s conviction established the following facts: Dalton and four other men were sitting in a parked car behind the Village Package Store in Dover. They were drinking beer and talking when one member of the group, Tony Vitanza, decided to…