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DAVIS v. STATE

No. 168S7.

251 Ind. 133 (1968)

239 N.E.2d 601

DAVIS v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed August 28, 1968.

Attorney(s) appearing for the Case

Walter A. Cornell, of Noblesville, for appellant.

John J. Dillon, Attorney General, and Dennis J. Dewey, Deputy Attorney General, for appellee.

MOTE, J.

The Appellant was charged by affidavit with First Degree Burglary pursuant to Burns' Ind. Stat. Anno. § 10-701, which reads in part as follows:

"Whoever breaks and enters into any dwelling house or other place of human habitation with the intent to commit any felony therein ... shall be guilty of burglary in the first degree...."

He was convicted of the lesser included offense of Entering to...

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