State v. Tindell
State v. Tindell
Opinion of the Court
The defendant James Tindell was charged with burglary in respect to the entering of the American Legion Club in Chadron, Nebraska, during the early morning hours of August 2, 1969. A jury was waived and trial
Defendant was occupying a room in a Lusk, Wyoming, hotel with Walter Allen Green and James Lee Birdwell. The latter two pleaded guilty to the same offense as that with which defendant was charged. On the evening of August 1, 1969, the three of them drove to Chadron, Nebraska, visited two bars and went to the Legion Club. There they had some drinks in the bar where they were served by the manager Richard Chappell to whom Bird-well spoke about a wall switch in the barroom. They then entered the dining room and had dinner during which time they were under Mr. Chappell’s observation for 5 or 10 minutes. On leaving the Legion Club they visited several other bars. Mr. Chappell closed the club that evening, locked all doors, and drove a waitress home. He then returned to the club to take care of the day’s receipts and entered the kitchen to get a sandwich. The only lights on were a small one under the back bar in the barroom and the kitchen light. A $100 bill, to be raffled off, was hanging on a wall in the barroom stapled to a sheet of paper. Shortly after 1 a.m. on August 2, 1969, Mr. Chappell heard a noise and opened the kitchen door. He was threatened and ordered to withdraw back into the kitchen. This he did, but testified he saw the defendant, Green, and Birdwell in the barroom. He identified defendant by his blue suit and blonde hair. The $100 bill and a little other money were taken.
When the police investigated, they found entry had been effected by removing screws from a window screen and bending it up. A footprint found under the window was photographed. Two screwdrivers were found, one under the window and one on the bar. The three men were arrested in Lusk, Wyoming, on August 2, 1969, and the $100 bill was found in the back of a clock in their hotel room.
Defendant testified he was intoxicated, went to sleep
Defendant contends the evidence is insufficient to sustain the charge that he participated in the crime; that he was too intoxicated to formulate an intent to steal; and that the two screwdrivers and the picture of the footprint were erroneously admitted in evidence.
The evidence clearly establishes that the two screwdrivers were used to gain entrance to the Legion Club through a window. This evidence, together with that regarding the footprint, simply serves to prove the unlawful and forceful breaking and entering, a fact admitted by defendant. It could not be detrimental or prejudicial to defendant in any conceivable manner. It was admissible in any event as it tended to prove an essential element of the crime, an unlawful entry. Weapons or other instruments of crime which are so connected with the crime charged as to throw light thereon, or which it is reasonable to infer were used in committing it, are admissible even though not shown to be connected with the accused, as where they tend to throw light on issues other than defendant’s connection with the crime. See, 22A C. J. S., Criminal Law, § 712a, p. 956, § 712b, p. 964; State v. Stroh, 181 Neb. 24, 146 N. W. 2d 756. In any event, there was evidence placing defendant at the scene of the crime and actively participating in it. This, in view of the evidence of his companions, directly connects him with the items of evidence to which he now objects.
The evidence is conflicting in regard to defendant’s participation in the crime. He and his friends contend he was not present, but he was positively identified by
The judgment of the district court is affirmed.
Affirmed.
Reference
- Full Case Name
- State of Nebraska v. James Tindell
- Cited By
- 1 case
- Status
- Published