Goldman (D) was seen inside a real estate office early in the morning. The police were called, and D attempted to flee but was caught with white plaster dust over all his clothes. The office, police found a crowbar, a screwdriver, a flashlight, and a sledgehammer inside the office. The wall of the real estate office had a hole broken through it leading into an adjacent bar. D was convicted of breaking and entering the office with intent to commit a larceny. D petitioned in federal court for a writ of habeas corpus; the evidence showed an intent to commit larceny in the bar, and not the office. The district court dismissed the petition, and D appealed.

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