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SMART v. STATE

No. 30,207.

244 Ind. 69 (1963)

190 N.E.2d 650

SMART v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed June 6, 1963.

Attorney(s) appearing for the Case

Clarence R. Mills, Jr., of Indianapolis, Richard H. Miles, John H. Caress and McNutt, Hurt & Blue, all of Martinsville, for appellant.

Edwin K. Steers, Attorney General and Carl E. Van Dorn, Deputy Attorney General, for appellee.

MYERS, C.J.

This is an appeal from a judgment entered by the Morgan Superior Court, without the intervention of a jury, wherein appellant was convicted of burglary in the first degree and sentenced to not less than ten nor more than twenty years in the State Reformatory.

The affidavit charges appellant, on the 28th day of August, 1961, with unlawfully breaking and entering into a structure known as the Dr. R.L. Keenan...

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