Breaking or Entering

10.03 Insufficient evidence

Brian K. Gilmore, COA00-21, Anne Gomez
Fingerprint as evidence of breaking or entering
Link to Slip Opinion

Michael Simmons, COA04-731, Kevin Bradley
Insufficient evidence of aiding and abetting or acting in concert; State proved only mere presence

Tyrone M. Batts, COA04-1083, Adrian M. Lapas
Utility trailer not a "building"

Gilbert Garcia, COA05-127, Daniel F. Read
Insufficient evidence of intent to commit felony or larceny therein where defendant believed had a right to be there

Stephen W. Moore, COA05-848, Leslie Rawls
Employee fingerprint on cash register not sufficient evidence to show he broke into register

Don A. Morrison, COA05-908, William B. Gibson
Insufficient evidence fingerprints left during breaking and entering

Jesse Alfred Coleman, COA05-714, Karlene Scott-Turrentine,
Insufficient evidence of breaking and entering where the defendant only scaled a fence.

Steven Lewis Brooks, COA05-935, Lemuel W. Hinton,
Defendant entered a building open to the public through an open door during normal business hours.

In re L.A.L. (Lovette), COA05-1614, Victoria Jayne
No evidence juvenile intended to commit larceny.

Nicholas Lynn Higgins, COA06-653, William B. Gibson
Insufficient evidence of intent to commit larceny or other felony therein

Paul Branks, COA06-1394, Emily Davis
Insufficient evidence that defendant entered church without consent.

Steven Bell, COA06-1621, Peter Wood
No evidence of felonious intent when the defendant was a security guard for the apartment complex and entered the complainant's apartment to check on her safety when he found her apartment door open in the early hours of the morning and she did not respond to his calls.

Andre Jones, Sr., COA07-969, James R. Parish
Indictment alleged defendant broke into occupied building "used as a residence," but defendant broke into detached garage

In the Matter of SDR, COA07-1481, James Freeman
As juvenile was in a public building, not told he could not enter any room, and no office had sign prohibiting entry, entry into an office did not constitute a breaking or entering.

Montier L. Jackson, COA08-1434, Bryan Gates
Mere presence outside store that was broken into

Jeremy L. Ebersole, COA09-617, Don Willey
Based on possession of stolen property from 94 to 216 days after break-ins