LARSON, Justice.
On May 23, 1967, the Polk County Grand Jury returned an indictment charging the defendant, John Wayne Davis, with the crime of breaking and entering as defined in section 708.8 of the 1966 Code of Iowa. Subsequent to a plea of not guilty, trial was had by jury resulting in a verdict of guilty. The defendant was sentenced to not more than ten years in prison in the Men's Reformatory at Anamosa, Iowa. He appeals.
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