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MIKEL v. STATE

No. 2-774A177.

326 N.E.2d 621 (1975)

Herbert Stanley MIKEL, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

April 29, 1975.

Attorney(s) appearing for the Case

Mark W. Shaw, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Russell W. Sims, Deputy Atty. Gen., for appellee.

HOFFMAN, Judge.

On March 4, 1974, defendant-appellant Herbert Stanley Mikel was charged by affidavit with the crime of first degree burglary as defined in IC 1971, 35-13-4-4, Ind. Ann. Stat. § 10-701 (Burns 1956), which provides, in pertinent part, as follows:

"(a) Whoever breaks and enters into any dwelling-house or other place of human habitation with the intent to commit any felony therein, or to do any act of violence or injury to any human being...

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