JOHNSON v. STATE

No. 1-273A34.

296 N.E.2d 665 (1973)

Eathel JOHNSON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

June 5, 1973.


Attorney(s) appearing for the Case

Malcolm G. Montgomery, Evansville, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Deputy Atty. Gen., for plaintiff-appellee.


LOWDERMILK, Judge.

Defendant-appellant was charged by affidavit with the crime of second degree burglary. Trial was had to a jury, which returned a verdict of guilty of the lesser included offense of entering to commit a felony. A motion to correct errors was timely filed and overruled by the trial court.

The facts, briefly, are that the appellant and one Roy Gene Allen had been drinking heavily during the day and evening preceding the incident. Later the...

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