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MILLER v. STATE

No. 1-374A42.

316 N.E.2d 589 (1974)

Jerry MILLER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

September 25, 1974.

Attorney(s) appearing for the Case

John G. Bunner, Evansville, for appellant.

Theodore L. Sendak, Atty. Gen., Gary M. Crist, Deputy Atty. Gen., Indianapolis, for appellee.

LOWDERMILK, Judge.

Defendant-appellant, Jerry Miller, was charged by affidavit with entering a dwelling house to commit a felony. Trial was had with the jury finding Miller guilty as charged. Sentence was passed pursuant to the verdict, after which Miller timely filed his motion to correct errors which was by the court overruled.

The facts of the case, basically, are that Miller resided in a basement apartment with a private entrance which was located

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