HOBBS v. STATE

No. 268-S-31.

253 Ind. 195 (1969)

252 N.E.2d 498

HOBBS v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied January 26, 1970.


Attorney(s) appearing for the Case

Frank E. Spencer, Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, Robert F. Hassett, Deputy Attorney General, for appellee.


GIVAN, J.

The appellant was charged in the lower court with the offense of second degree burglary. Trial by the court without a jury resulted in a finding of guilty of the lesser included offense of entering to commit a felony as defined in Burns' Indiana Statutes Annotated § 10-704. The evidence most favorable to the state discloses the following:

About 3:35 P.M. on September 4, the same being Labor Day, 1967...

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