SMITHHART v. STATE

No. 270S29.

256 Ind. 533 (1971)

270 N.E.2d 740

MELVIN SMITHHART v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed June 18, 1971.


Attorney(s) appearing for the Case

Malcolm G. Montgomery, of Evansville, for appellant.

Theodore L. Sendak, Attorney General, R. Michael Bruney, Deputy Attorney General, for appellee.


DEBRULER, J.

This is an appeal from a conviction in the Posey Circuit Court. Appellant was charged by affidavit with the crime of first degree burglary. Trial was had by jury and the appellant was convicted of entering a house to commit a felony, a lesser-included offense to the charge.

Appellant first alleges that the verdict of the jury is not supported by sufficient evidence. In reviewing the allegation of insufficient evidence this Court will not weigh...

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