GUNN v. STATE

No. 570S117.

281 N.E.2d 484 (1972)

Alonzo GUNN, James Gunn, Appellants, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied June 1, 1972.


Attorney(s) appearing for the Case

Palmer K. Ward, Indianapolis, for appellants.

Theodore L. Sendak, Atty. Gen., William F. Thompson, Asst. Atty. Gen., Indianapolis, for appellee.


PRENTICE, Justice.

Defendants (Appellants) were convicted by jury of entering to commit a felony, in violation of Acts of 1941, ch. 148, § 5, 1956 Repl. Burns Ind. Stat. Ann. § 10-704, IC 1971, 35-13-4-5. They were sentenced to imprisonment for an indeterminate period of not less than one nor more than five years and disfranchised. On appeal, only the sufficiency of the evidence is challenged.

At approximately 2:30 a.m., in response to instructions...

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