WITHERSPOON v. STATE

No. 1170S287.

279 N.E.2d 543 (1972)

Aaron R. WITHERSPOON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

March 7, 1972.


Attorney(s) appearing for the Case

Malcolm G. Montgomery, Jr., Evansville, for appellant.

Theodore L. Sendak, Atty. Gen., J. Frank Handley, Deputy Atty. Gen., for appellee.


DeBRULER, Justice.

This is an appeal from a conviction for entering to commit a felony in violation of I.C. 1971, 35-13-5-5, being Burns' § 10-704, and appellant was sentenced to one to ten years in prison. Trial was by jury in the Vanderburgh Superior Court No. 2.

Appellant's first contention is that the trial court erred in giving the State's tendered Instruction No. 2. That Instruction set out verbatim certain portions of the statute defining the penalties...

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