SULLIVAN, Presiding Judge.
James Beard appeals from a jury conviction for Second Degree Burglary. He argues that the evidence was insufficient; that a fatal variance exists between the charging affidavit and the proof; and that his motion to dismiss based on former jeopardy was erroneously denied.
At two o'clock on the morning of January 21, 1973, Indianapolis police officers responded to a burglar alarm signal from the 7-11 Food Store at 2947 North Sherman...
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