SUMMERS v. STATE

No. 372A147.

285 N.E.2d 673 (1972)

John SUMMERS, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, First District.

August 9, 1972.


Attorney(s) appearing for the Case

Frederick F. McClellan, Muncie, for appellant.

Theo. L. Sendak, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., for appellee.


LYBROOK, Judge.

Defendant-appellant (Summers) was charged by affidavit with Second Degree Burglary. After a jury trial he was found guilty of Entering to Commit a Felony and sentenced to the Indiana State Prison for not less than one nor more than five years.

Summers filed a Motion to Correct Errors contending: (1) That there was insufficient evidence to prove ownership of the building involved; (2) That the court erred in permitting the testimony of a witness...

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