State v. Bailey

I concur with Judge Clark’s opinion affirming appellant’s conviction of a knowing burning of the motorcycle, but I am unable to agree with the reversal of the judgment of conviction for burglary and stealing.

The opinion holds that the evidence, though sufficient to support a conviction of knowingly burning the motorcycle, was insufficient to prove its stealing from the garage.

Here is the appellant, asserting dominion over the motorcycle in the wee hours of the night, seeking help to load it. Failing to *218get help to load it, he sets it afire. The machine is located 100 yards from where its…