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PEREZ v. STATE

No. 3-573A54.

312 N.E.2d 141 (1974)

Arthur PEREZ, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

June 19, 1974.

Attorney(s) appearing for the Case

W. Henry Walker, Walker & Walker, East Chicago, for appellant-defendant.

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.

PER CURIAM.

The defendant was charged with second degree burglary and was convicted by a jury of the lesser included offense of entering to commit a felony.

The sole issue raised on appeal is the giving by the court of its final instruction numbered 13 which reads as follows:

"In this case, the first proposition which presents itself to the jury for consideration is, did the defendant commit the crime of Burglary in the Second Degree as charged in...

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