SPEARS v. STATE

No. 269S31.

253 Ind. 364 (1970)

254 N.E.2d 196

SPEARS v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied February 26, 1970.


Attorney(s) appearing for the Case

William B. Miller, Jacob S. Miller, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, William F. Thompson, Deputy Attorney General, for appellee.


HUNTER, C.J.

Appellant was charged with the crime of second degree burglary to which he entered a plea of not guilty. Trial by jury in the Henry Circuit Court resulted in a verdict of guilty and sentence to the Indiana State Prison for a term of not less than two (2) nor more than five (5) years. The overruling of appellant's motion for new trial is the basis for this appeal.

The evidence as viewed most favorably to the appellee is as follows. Shortly after...

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