Hawkins v. State

Per Curiam. The appellant, Jesse Phillip Hawkins, was convicted of burglary upon a trial without a jury, and sentenced to ten years. On appeal he contends: 1, that the evidence was insufficient to sustain the conviction and 2, that there was insufficient breaking to meet the requirements of burglary, to wit: breaking and entering. We find no merit in either of these contentions.

The appellant was apprehended on December 22, 1961, at approximately 3:00 A. M., “between the mattress and a spring” of an old bed on the floor above Betz Tavern, at 1725 North Regester Street, in Baltimore City. Officer Ahrenberg testified that he observed two men loitering in the rear of the tavern, who were then seen to enter an alley in back of the building where he lost sight of them. He then went to the other end of ⁴⁴⁴ the alley to see if they came out, and when they did not he proceeded to Ranvale and Rutland Streets, where he saw a radio car, and was joined by Officers Antlitz and Carrere. The three officers then went back to the tavern, where they found the side door open.

They entered and heard what sounded to be several men running up the stairs to the second floor. They found no one on the second floor except Hawkins between the spring and mattress, and were unable to apprehend the other man or men. Their investigation disclosed a skylight or trap door on the roof which had been forced open. There was a ladder up to the roof of the tavern from the kitchen of the next door premises, 1723.

No signs of forced entry were found either on the first floor side door of the tavern, or on the door leading to the upstairs living quarters. The officer testified that the door leading from the first floor to the second could not be opened from the first floor without forcing it because it would be necessary to turn a lock coming down the stairs from the second floor. Whether the first floor side door was open hours after the tavern was closed and, if so, involved conflicting testimony. The appellant testified he found it open; the owner