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THOMAS v. STATE

No. 1269S290.

255 Ind. 131 (1970)

263 N.E.2d 158

THOMAS v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed October 22, 1970.

Attorney(s) appearing for the Case

Palmer K. Ward, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, Robert A. Zaban, Deputy Attorney General, for appellee.

No petition for rehearing filed.

DEBRULER, J.

Appellant was charged by affidavit with second degree burglary in violation of Acts 1941, ch. 148, § 4, Burns Ind. Stat. Ann. § 10-701, in Marion County Criminal Court, Division Two. In a trial without jury appellant was convicted of entering to commit a felony, Acts 1941, ch. 148, § 5, Burns Ind. Stat. Ann. § 10-704, which reads as follows:

"10-704. Entering to commit a felony ...

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