State v. Williams
2013 Ohio 1546
Ohio Ct. App.2013Background
- Defendant Williams was found guilty by a jury of breaking and entering and criminal damaging at E & T Market.
- Owner Ernest Thedford had died about two weeks before the break-in; grandson Michael Jackson was preparing to reopen the store and held exclusive control of its keys.
- Police arrived to find Williams hiding under a counter, wielding a two-by-four, with the store’s front door glass shattered and a damaged merchandise drawer.
- Jackson testified he did not know Williams and had not given him permission to enter the store.
- Williams initially claimed ET gave permission to be in the store, then changed to a story that someone else let him in and locked him inside.
- The court found sufficient circumstantial and physical evidence to prove lack of permission and entry by force, supporting both the trespass and damaging charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for trespass and damage | Williams lacked permission; he entered to commit theft. | Williams had permission to be in the store on that day. | Sufficient evidence supported both charges; guilt affirmed. |
Key Cases Cited
- State v. Lang, 129 Ohio St.3d 512, 954 N.E.2d 596 (Ohio 2011) (sufficiency standard; rational juror may convict)
- State v. Collins, 2013-Ohio-488 (Ohio 2013) (proof may be circumstantial or direct; standard of review)
- State v. Milton, 2009-Ohio-6312 (Ohio 2009) (weight and credibility belong to the trier of fact; sufficiency discussed)
