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SMITH v. STATE

No. 268S19.

254 Ind. 401 (1970)

260 N.E.2d 558

SMITH v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed July 24, 1970.

Attorney(s) appearing for the Case

Frederick B. Robinson, of Indianapolis, for appellant.

John J. Dillon, Former Attorney General, John Price, Deputy Attorney General, for appellee.

DeBRULER, J.

This is an appeal from a conviction of second degree burglary following a trial by jury in Division One of the Criminal Court of Marion County.

The crime of second degree burglary is defined by Acts 1941, ch. 148, § 4, being Burns Ind. Stat. Ann. § 10-701:

"(b) Whoever breaks and enters into ... or any building or structure other than a dwelling house or place of human habitation, with the intent to commit a felony therein,...

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