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COOK v. STATE

No. 1271S366.

284 N.E.2d 81 (1972)

Larry Owen COOK, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 28, 1972.

Attorney(s) appearing for the Case

Lorin H. Kiely, and Phillip L. Kiely, Evansville, for appellant.

Theo. L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., for appellee.

GIVAN, Justice.

Appellant was charged by affidavit with second degree burglary. Trial by jury resulted in a verdict of guilty of the lesser included offense of entering to commit a felony. Appellant was sentenced to the Indiana State Prison for not less than one nor more than five years.

The record reveals the following:

Mary Monarch, owner of the Monarch Lunch Room in Evansville, Indiana, locked the premises at about 6:00 P.M. on January 28, 1971...

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