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Goldman v. Anderson

625 F.2d 135 (1980)

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Goldman v. Anderson

United States Court of Appeals for the Sixth Circuit
625 F.2d 135 (1980)

KL

Facts

One morning around 5:00 am, police received a call that a breaking and entering of a real estate office was in progress. The responding officer saw that the real estate office door had been forced open and saw Robert Goldman (defendant) exit the office and run away. A passerby stopped Goldman and returned him to the scene, where the officer noted that Goldman had white plaster dust on his clothes. Another officer found a hole in an interior wall of the real estate office, adjacent to the bar next door, and a sledgehammer, crowbar, screwdriver, and flashlight near the hole. Nothing had been stolen from the real estate office or the bar next door. Goldman was convicted of larceny and appealed, arguing that the evidence was insufficient to establish his intent to commit larceny of the real estate office. He claimed that the evidence showed an intent to commit larceny of the adjacent bar, not the real estate office. Goldman filed a petition for a writ of habeas corpus.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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