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Patterson v. State

Court of Appeals of Indiana
729 N.E.2d 1035 (2000)


Facts

Samuel Patterson (defendant) went to the home of 82-year-old Julia Maciejewski looking for work shoveling snow. Maciejewski declined. Several days later, Maciejewski was awakened by the sound of breaking glass. Maciejewski retrieved a flashlight and went to investigate, turning on interior lights as she moved throughout the house. Maciejewski found a broken window, glass on the floor, and blood on the curtains. The police arrived and discovered a bloody Patterson at the back of Maciejewski’s house. The State of Indiana (plaintiff) charged Patterson with attempted burglary with the intent to commit theft. After the trial, Patterson requested a jury instruction on the defense of abandonment. The trial court denied Patterson’s request, and the jury convicted Patterson. Patterson appealed, arguing the trial court erred in refusing to give the jury instruction on the defense of abandonment.

Rule of Law

Issue

Holding and Reasoning (Kirsch, J.)

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