BOBBITT, J.
Appellant was charged by affidavit with the crime of second degree burglary under Acts 1941, ch. 148, § 4, p. 447, being § 10-701, Burns' 1942 Replacement, tried by the court without the intervention of a jury, found guilty, and sentenced to imprisonment in the Indiana State Prison for a period of not less than 2, nor more than 5 years. From the judgment overruling appellant's motion for a new trial this appeal is prosecuted.
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