CHERRY v. STATE

No. 470S87.

280 N.E.2d 818 (1972)

William CHERRY, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied May 25, 1972.


Attorney(s) appearing for the Case

Frank E. Spencer, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., R. Michael Bruney, Deputy Atty. Gen., for appellee.


PRENTICE, Justice.

Defendant (Appellant) was charged with First Degree Burglary. In a trial by jury, he was convicted of the lesser included offense of Entering to Commit a Felony under Acts of 1941, ch. 148, § 5, 1956 Repl. Burns Ind. Stat. Ann. § 10-704, IC 1971, 35-13-4-5 and was sentenced to imprisonment for not less than one nor more than ten years. Three questions are presented by his appeal to this Court.

(1) Ten days prior to trial, Defendant...

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