State v. Miller

NORWIN D. HOUSER, Special Judge.

Marvin E. Miller, convicted by a jury of burglary, second degree, and stealing, and sentenced to concurrent periods of two years for each offense, has appealed on the ground that there was no evidence placing appellant at or near the scene of the crimes at or near the time of the crimes, or that appellant had possession of, dominion over, knowledge of, or profited from, the stolen property.

We reverse the judgment of conviction for insufficiency of the State’s evidence, which follows: Sometime during the afternoon of December 4, 1973 appellant took several…