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CARTER v. STATE

No. 3-975A200.

345 N.E.2d 847 (1976)

Garrett CARTER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied May 26, 1976.

Attorney(s) appearing for the Case

Jay A. Charon, Spangler, Jennings, Spangler & Dougherty, Gary, for appellant.

Theodore L. Sendak, Atty. Gen., Walter F. Lockhart, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Presiding Judge.

Garrett Carter was charged with second degree burglary1 and carrying a pistol without a permit.2 After a trial to the court, he was convicted on both counts. On appeal, Carter challenges only the sufficiency of the evidence to support the burglary conviction. We reverse.

The State must prove the elements of second degree burglary...

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