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MAYDWELL v. STATE

No. 30,944.

248 Ind. 270 (1967)

226 N.E.2d 322

MAYDWELL v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed May 25, 1967.

Attorney(s) appearing for the Case

George R. Brawley, of Fort Wayne, for appellant.

John J. Dillon, Attorney General and Murray West, Deputy Attorney General, for appellee.

MOTE, J.

This appeal comes to us from the Allen Circuit Court, wherein by affidavit Appellant was charged with the offense of second degree burglary. Omitting the formal parts, said affidavit was as follows:

"Undersigned being duly sworn, upon oath, says: That on or about the 1st day of May, A.D., 1965, at the County of Allen and in the State of Indiana, said defendant, Charles James Maydwell, did then and there unlawfully, feloniously and burglariously break...

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