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Justices find evidence supports intent to commit theft

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The Indiana Supreme Court upheld a man’s burglary conviction, finding sufficient evidence to support that he broke into the church and entered it with the intent to commit theft.

Michael W. Baker appealed his Class B felony burglary conviction following a trial on the grounds that the state didn’t prove that he acted with the requisite intent to steal from a church. A church member came to the church to pray and let himself in with his key. He discovered a broken window and blood; blood was also found throughout the church, including on several kitchen cabinets and drawers that were open. It didn’t appear that anything was taken from the church. The DNA collected at the scene matched Baker’s DNA.

The Indiana Court of Appeals had reversed his conviction, citing insufficient evidence of Baker’s intent to commit theft. The justices upheld the conviction, finding that the evidence suggesting Baker opened the cupboards and drawers in the kitchen was enough to support a reasonable inference that he entered the church with the intent to steal something.

Looking through the drawers and cupboards is not a necessary step in the act of breaking and entering into the church, but is an additional act that Baker chose to do. The jury could have reasonably concluded that he broke into the church with the intent to commit theft, wrote Chief Justice Brent Dickson in Michael W. Baker v. State of Indiana, No. 89S01-1109-CR-543.

“That there was no evidence that the defendant had rummaged through the drawers or cabinets, as the defendant argues, is of no consequence. The act of opening the drawers and cabinets alone was enough to support an inference of intent to commit theft. Evidence of rummaging would simply bolster the already reasonable inference of intent,” he wrote.

 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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