(Download) "John R. Lisenko and Walter Anthony Stepien" by Supreme Court of Indiana No. 1076S346 # Book PDF Kindle ePub Free
eBook details
- Title: John R. Lisenko and Walter Anthony Stepien
- Author : Supreme Court of Indiana No. 1076S346
- Release Date : January 15, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The Appellants, John R. Lisenko and Walter Anthony Stepien were convicted on December 5, 1974, of entering to commit a felony. Ind. Code § 35-13-4-5 (Burns 1975). Each Appellant was sentenced to imprisonment for one to five years. The convictions were subsequently reversed by the Court of Appeals. Lisenko v. State, (1976) Ind. App., 345 N.E.2d 869. The State has filed a petition for transfer in this case. We grant that petition and vacate the decision of the court below. The judgment of the trial court is affirmed. The evidence at trial revealed that at 3:59 a.m. on November 24, 1973, the Appellants entered the premises of the Indiana Carton Company in South Bend, Indiana. The building was equipped with a silent alarm maintained by American District Telegraph (ADT), which was set off when the Appellants entered. South Bend Police Officers Ronald Marciniak and Gerald Jankowski arrived at the scene at 4:05 a.m. The officers discovered that a door to the building had been pried open. Officer Jankowski entered the building with his police dog. Approximately ten, fifteen, twenty feet from the door, he confronted two suspects with their hands up stating they 'gave up. Two pry bars were then discovered on the floor two or three feet inside the door.