The opinion of the court was delivered by
PRICE, J.:
The defendant, Marvin L. Robertson, has appealed from a conviction of burglary in the second degree, as defined by G.S. 1949, 21-520.
The complaint was filed in the city court of Hutchinson on August 28, 1961. It charged that on the 8th day of September, 1960, the defendant broke and entered in the nighttime a certain described business building in Hutchinson with the intent to steal.
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