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HOLLOWAY v. STATE

No. 2-1072A90.

300 N.E.2d 910 (1973)

Willie Louis HOLLOWAY and Victor Robert Brewer, Alias Jesse E. Brooks, Defendants-Appellants, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied September 25, 1973.

Attorney(s) appearing for the Case

J.E. Holwager, Holwager & Harrell, Beech Grove, for defendants-appellants.

Theodore L. Sendak, Atty. Gen., Robert A. Zaban, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

SULLIVAN, Judge.

Defendants-Appellants were convicted of second degree burglary. They appeal upon the following allegations of error:

(1) A fatal variance between the evidence and the affidavit allegation identifying the premises burglarized. (2) Failure to prove that defendants were guilty of "breaking and entering" in that although padlocks on the premises had been cut, no instrument or tool sufficient to effect such cutting were found or connected...

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