Gilliam v. State, 508 N.E.2d 1270 (Ind. 1987). · Go Syfert
Gilliam v. State, 508 N.E.2d 1270 (Ind. 1987). Cases Citing This Book View Copy Cite
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cited 6× by 5 distinct cases, 2012–2020 · 2 courts · …burglars rarely announce their intentions at the moment of entry, at p. 1271
cited 3× by 3 distinct cases, 2012–2020 · …may be inferred from the circumstances.
84 citation events (40 in the last 25 years) across 4 distinct courts.
Strongest positive: State of West Virginia v. Victor Lee Thompson (wva, 2026-03-12) · Strongest negative: Hahn v. State (indctapp, 1989-02-08)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited "but see" Hahn v. State (2×)
Ind. Ct. App. · 1989 · signal: but see · confidence bake:cell
Id.; see also Slaton v. State (1987), Ind., 510 N.E.2d 1343 (defendant's conduct of rummaging about in an automobile prior to breaking and entering and fleeing a nearby residence provided the additional measure of evidence necessary to prove the intent to steal); Cooper v. State (1984), Ind., 461 N.E.2d 1119 (a jury reasonably could infer that the defendant had the requisite intent to commit theft inside the dwelling he had broken into and entered when the evidence reflected that some of the victim's personal property was not in its customary place in the middle of one room and there was a bro…
discussed Cited as authority (verbatim quote) State of West Virginia v. Victor Lee Thompson
W. Va. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
burglars rarely announce their intentions at the moment of entry, so the intent to commit a given crime is one fact which may be inferred from the circumstances.
discussed Cited as authority (rule) Diana E. Robles v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
She argues that the evidence shows that she had Viars’ permission to enter his trailer; she removed his personal items to her trailer for safekeeping; and, Viars was “free to pick [the items] up at his convenience.” Appellant’s Br. at 11. [21] “Burglars rarely announce their intentions at the moment of entry,” Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind. 1987), and indeed many times there is no one around to hear them even if they were to do so.
discussed Cited as authority (rule) Daryl Barthalow v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
Barthalow argues that the State failed to prove that, when he broke and entered the duplex, his intent was to batter Joshua.2 [11] “Burglars rarely announce their intentions at the moment of entry[.]” Baker v. State, 968 N.E.2d 227 , 229–30 (Ind. 2012) (quoting Gilliam v. State, 508 N.E.2d 1270, 1270 (Ind. 1988)).
discussed Cited as authority (rule) Cashmere Poole v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
Vol. II at 56 (State’s Court of Appeals of Indiana | Memorandum Decision 49A02-1703-CR-569 | August 9, 2017 Page 5 of 8 closing argument explained felony battery required only an intent to commit “level six, the battery with moderate bodily injury”).) [9] As our Indiana Supreme Court has noted: “Burglars rarely announce their intentions at the moment of entry.” Baker, 968 N.E.2d at 229 (quoting Gilliam v. State, 508 N.E.2d 1270, 271 (Ind. 1987)).
cited Cited as authority (rule) Chad A. George v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
“Burglars rarely announce their intentions at the moment of entry.” Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind. 1987), reh’g denied.
discussed Cited as authority (rule) Richard Davis v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
Court of Appeals of Indiana | Memorandum Decision 71A05-1607-CR-1607| March 29, 2017 Page 4 of 6 [15] “Burglars rarely announce their intentions at the moment of entry.” Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind. 1987).
discussed Cited as authority (rule) Sarah Speck v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
With respect to proof of intent to commit a felony or theft, however, the Indiana Supreme Court has acknowledged that “‘[b]urglars rarely announce their intentions at the moment of entry,’ [Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind. 1987)], and indeed many times there is no one around to hear them even if they were to do so.” Baker, 968 N.E.2d at 229 .
discussed Cited as authority (rule) Kevin Terry v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
The evidence to prove intent, however, “need not be insurmountable, but only provide a solid basis to support a reasonable inference that the defendant intended to commit the underlying felony charged.” Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind. 1987).
cited Cited as authority (rule) Antonio Johnson v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · confidence medium
Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind. 1987), reh’g denied.
discussed Cited as authority (rule) Thomas W. Oster, II v. State of Indiana (2×)
Ind. Ct. App. · 2013 · confidence medium
Ind. Code § 35-43-2-1 ; Gilliam v. State, 508 N.E.2d 1270, 1270 (Ind. 1987); Yeagley v. State, 467 N.E.2d 730, 736 (Ind. 1984). ….
discussed Cited as authority (rule) Santos Vasquez v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
With respect to this intent element, our Supreme Court has observed, “[b]urglars rarely announce their intentions at the moment of entry,” [Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind. 1987) ], and indeed many times there is no one around to hear them even if they were to do so.
cited Cited as authority (rule) Andrew J.P. Cox v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind. 1987).
discussed Cited as authority (rule) Daquan Whitener v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
To the extent that Whitener suggests that the State failed to prove intent, we observe that evidence of intent “need not be insurmountable,” Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind.1987), reh’g denied, but there must be a “specific fact that provides a solid basis to support a reasonable inference that the defendant had the specific intent to commit a felony.” Freshwater v. State, 853 N.E.2d 941, 944 (Ind.2006).
discussed Cited as authority (rule) Mike Harmon, Jr. v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Evidence of intent “need not be insurmountable,” [Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind. 1987)], but there must be a “specific fact that provides a solid basis to support a reasonable inference that the defendant had the specific intent to commit a felony,” [Freshwater v. State, 853 N.E.2d 941, 944 (Ind. 2006)].
discussed Cited as authority (rule) R.W. v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
As our Supreme Court has observed, “[b]urglars rarely announce their intentions at the moment of entry,” [Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind.1987) ], and indeed many times there is no one around to hear them even if they were to do so.
discussed Cited as authority (rule) Baker v. State (2×)
Ind. · 2012 · confidence medium
Burglary is the breaking and entering of the building or structure of another person with the intent to commit a specific felony therein. 2 Ind. Code § 35-43-2-1 ; Gilliam v. State, 508 N.E.2d 1270, 1270 (Ind.1987); Yeagley v. State, 467 N.E.2d 730, 736 (Ind.1984).
cited Cited as authority (rule) John Mitchem v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind. 1987), reh’g denied.
discussed Cited as authority (rule) Curry v. State (2×)
Ind. Ct. App. · 2000 · confidence medium
On appeal, the aggravaied battery conviction was vacated, and the case was remanded "with instructions to enter judgment and sentence on the offense of battery with a deadly weapon, a class C felony, a lesser included offense of attempted murder." And see Lane v. State, 175 Ind.App. 543, 548 , 372 N.E.2d 1223, 1225-27 (1978); Nunn v. State, 601 N.E.2d 334, 339-40 (Ind.1992); Johnson v. State, 594 N.E.2d 817, 820-21 (Ind.Ct.App.1992); Isom v. State, 589 N.E.2d 245, 248 (Ind.Ct.App.1992); and Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind.1987). .
cited Cited as authority (rule) Desloover v. State
Ind. Ct. App. · 2000 · confidence medium
Id. (quoting Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind.1987)).
discussed Cited as authority (rule) Patterson v. State
Ind. Ct. App. · 2000 · confidence medium
See also Nunn v. State, 601 N.E.2d 334, 339 (Ind.1992) (reducing conviction from murder to involuntary manslaughter based on insufficiency of evidence of intent); Gilliam, 508 N.E.2d at 1271 (reducing conviction from attempted burglary to criminal trespass based on insufficiency of evidence of intent); Dickens v. State, 260 Ind. 284, 292-93 , 295 N.E.2d 613, 618-19 (1973) (reducing conviction from murder to voluntary manslaughter based on insufficiency of evidence disproving sudden heat); Ritchie v. State, 243 Ind. 614 , 189 N.E.2d 575 (1963) (reducing conviction from rape to assault and batte…
discussed Cited as authority (rule) Miller v. State (2×)
Ind. Ct. App. · 2000 · confidence medium
On appeal, defendant’s sufficiency of the evidence claim was found meritorious, and the cause was “remanded to the trial court with instructions to vacate the judgment and sentence as to the offense of theft of property valued in excess of $100, to enter judgment upon the necessarily lesser included verdict of guilty for the offense of theft of property valued at less than $100, and to impose sentence accordingly.” See also Nunn v. State, 601 N.E.2d 334, 339-40 (Ind.1992) (“[W]e remand this case to the trial court with instructions to vacate the judgment and sentence to the offense of …
discussed Cited as authority (rule) Nuerge v. State
Ind. Ct. App. · 1997 · confidence medium
Nunn v. State, 601 N.E.2d 334, 339 (Ind.1992) (reducing murder to the lesser included offense of involuntary manslaughter because evidence held insufficient to support the intent to kill element required under murder statute); Gilliam v. State, 508 N.E.2d 1270, 1271 (Ind.1987) (reducing defendant’s conviction for attempted burglary to lesser included offense of attempted criminal trespass because the evidence found insufficient to support the intent to commit a felony at the time of entry element of burglary charge), reh’g denied, trans. denied.
discussed Cited as authority (rule) Patton v. State
Ind. Ct. App. · 1991 · confidence medium
Consequently, the trial court's failure to advise the jury the breaking and entering must be done knowingly, as charged in the information, and as required by Gilliam v. State (1987), Ind., 508 N.E.2d 1270, 1270 (the offense of burglary requires proof by the State that the defendant knowingly or intentionally broke and entered the structure) does not constitute fundamental error.
discussed Cited "see" Bowen v. State (2×)
Ind. Ct. App. · 1996 · signal: see · confidence high
See Gilliam v. State, 508 N.E.2d 1270 (Ind.1987), reh'g denied, trans. denied (holding that to convict a defendant of burglary, the State must demonstrate that the defen *1188 dant knowingly or intentionally break and enter the building with the intent to commit a felony therein.) Further, the instruction essentially tracks the language in the pattern jury instruction for burglary.
discussed Cited "see" Stroud v. State
Ind. Ct. App. · 1992 · signal: see · confidence high
See Coble v. State (1985), Ind., 476 N.E.2d 102 , overruled on other grounds by implication by Gilliam v. State (1987), Ind., 508 N.E.2d 1270 , see Hahn v. State (1989), Ind.App., 533 N.E.2d 618 ; Cf. Glaser v. State (1991), Ind.App., 575 N.E.2d 329 (trial counsel was ineffective for failing to object to admissibility of identification testimony where identification was major issue at trial) Pemberton v. State (1990), Ind., 560 N.E.2d 524 (trial counsel was ineffective for not preserving for appeal admissibility of identification testimony where identification was major issue at trial).
discussed Cited "see, e.g." Santos Sotero Padilla v. State of Indiana
Ind. Ct. App. · 2025 · signal: see, e.g. · confidence medium
See, e.g., Gilliam v. State, Court of Appeals of Indiana | Opinion 24A-CR-2101 | April 28, 2025 Page 10 of 12 508 N.E.2d 1270, 1271 (Ind. 1987) (finding evidence insufficient to prove attempted burglary because “the State did not present any evidence from which the jury could have inferred the nature of the felony that appellant intended to commit when he broke and entered the premises” and remanding “with instructions to enter a conviction for the lesser included offense of attempted criminal trespass, upon which an instruction had been given”), reh’g denied; Nunn v. State, 601 N.E.…
Retrieving the full opinion text from the archive…
Rodney GILLIAM, Appellant (Defendant Below),
v.
STATE of Indiana, Appellee (Plaintiff Below)
71S00-8604-CR-342.
Indiana Supreme Court.
Jun 16, 1987.
508 N.E.2d 1270
1987 Ind. LEXIS 958
Susan K. Carpenter, Public Defender, June D. Oldham, Deputy Public Defender, Indianapolis, for appellant., Linley E. Pearson, Atty. Gen., Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for appellee.
Shepard, Debruler, Givan, Dickson, Pivarnik.
Cited by 44 opinions  |  Published
SHEPARD, Chief Justice.

Appellant Rodney Gilliam was convicted of attempted burglary. Ind.Code § 35-43-2-1 (Burns 1985), Ind.Code § 35-41-5-1 (Burns 1985). The trial court imposed a prison term of twelve years.

Among the issues raised by Gilliam in this direct appeal is the sufficiency of the evidence. Gilliam specifically claims that the evidence does not establish that he intended to commit a theft, the underlying felony charged, although it may have established breaking and entering.

The offense of burglary requires proof by the State that the defendant knowingly or intentionally broke and entered the building or structure with the intention to commit a certain felony therein. Pratt v. State (1986), Ind., 492 N.E.2d 300; Easton v. State (1967), 248 Ind. 338, 228 N.E.2d 6. To constitute a criminal attempt, the actor must have knowingly or intentionally engaged in a course of conduct planned to culminate in the commission of the substantive offense. The course of conduct must constitute a substantial step toward commission of the substantive offense and be strongly corroborative of the actor's criminal culpability to cause the proscribed result of the substantive offense. Land v. State (1984), Ind. 470 N.E.2d 697; Armstrong v. State (1982), Ind., 429 N.E.2d 647; Zickefoose v. State (1979), 270 Ind. 618, 388 N.E.2d 507.

The evidence most favorable to the trial court's judgment indicates that at 5:30 a.m. on July 20, 1984, Warren Durrell was alone at home when he heard a noise coming from another bedroom. He walked into[*1271] this bedroom and pulled the curtain away from the window. He saw a man trying to enter the house. Indeed, the man had already managed to extend his arm eighteen inches into the house. The man then ran from the house. Durrell reported this incident to the police. An officer who responded to this dispatch drove to the area and found appellant one-half block from the house. Appellant was subsequently identified by Durrell and by a neighbor. Durrell testified that he did not find anything missing from his home.

A police officer testified that Gilliam stated upon interrogation that he had been arguing with his girlfriend at her house down the block. The defendant asserted that he had chased her outside, that she fell and knocked the screen out of the window frame of Durrell's house. His girlfriend's testimony corresponded to Gilliam's statement to the police.

Burglars rarely announce their intentions at the moment of entry, so the intent to commit a given felony is one fact which may be inferred from the cireum-stances. Garcia v. State (1984), Ind., 463 N.E.2d 1099. The State alleged that Gilliam attempted to enter the Durrell home with the intention of committing a theft. Because this Court does not weigh the evidence when deciding an appeal, the jury's verdict is upheld if there is substantial evidence of each element. Occasionally, this Court has upheld a verdict finding intent to steal from simple breaking and entering. Lisenko v. State (1976), 265 Ind. 488, 855 N.E.2d 841; Carter v. State (1976), 265 Ind. 585, 856 N.E.2d 220. More often, we have required that some fact in evidence point toward an intent to commit a specific felony once the perpetrator has entered the premises. Sipes v. State (1987), Ind., 505 N.E.2d 796 (evidence that defendant found standing in victim's house near a table on which currency had been placed adequately suggests theft); Timmons v. State (1986), Ind., 500 N.E.2d 1212 (defendant who broke into two businesses on same night, stealing at the first, may be inferred to intend theft at the second); Aikens v. State (1983), Ind., 443 N.E.2d 820 (intent to commit theft may not be inferred from breaking and entering alone) Blackmon v. State (1983), Ind., 455 N.E.2d 586 (defendant was in victim's garage without permission, opened a tool box, and moved various articles, suggesting theft); Meadows v. State (1981), Ind., 428 N.E.2d 1232 (items similar to those missing from ransacked house found on defendant adequate to suggest theft); Anderson v. State (1981), Ind., 426 N.E.2d 674 (intruder who said, "look, there's a big old T.V., too heavy to carry," deemed to intend theft), overruled on other grounds, Rhyne v. State (1983), Ind., 446 N.E.2d 970.

As the cited cases illustrate, the evidence need not be insurmountable, but only provide a solid basis to support a reasonable inference that the defendant intended to commit the underlying felony charged. However, in the case at bar, the State did not present any evidence from which the jury could have inferred the nature of the felony that appellant intended to commit when he broke and entered the premises.

The conviction is reversed and the cause is remanded with instructions to enter a conviction for the lesser included offense of attempted criminal trespass, upon which an instruction had been given.

DeBRULER, GIVAN and DICKSON, JJ., concur. PIVARNIK, J., dissents without opinion.