SMITH v. STATE

No. 29,986.

241 Ind. 601 (1961)

174 N.E.2d 47

SMITH v. STATE OF INDIANA ET AL.

Supreme Court of Indiana.

Filed May 2, 1961.


Attorney(s) appearing for the Case

John M. Heeter, of Indianapolis, for appellant.

Edwin K. Steers, Attorney General, Richard M. Givan, Assistant Attorney General, and Richard C. Johnson, Deputy Attorney General, for appellees.


ACHOR, J.

Appellant was charged by a two-count affidavit filed November 16, 1959, with the crimes of second degree burglary and automibile banditry under the provisions of Acts 1941, ch. 148, § 4, p. 447 (Burns' Ann. St., § 10-701(b) [1956 Repl.]), and under Acts 1929, ch. 54, § 3, p. 136 (Burns' Ann. St., § 10-4710 [1956 Repl.]).

Trial was had by jury which found the appellant guilty of the crime of second degree burglary, as charged....

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