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LISENKO v. STATE

No. 3-575A78.

345 N.E.2d 869 (1976)

John R. LISENKO and Walter Anthony Stepien, Defendants-Appellants, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied June 2, 1976.

Attorney(s) appearing for the Case

Edward Olczak, South Bend, for defendants-appellants.

Theodore L. Sendak, Atty. Gen., John R. O'Bryan, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

HOFFMAN, Judge.

On November 27, 1973, defendants-appellants John R. Lisenko and Walter Anthony Stepien were charged by separate informations with the offense of entering to commit a felony as defined in IC 1971, 35-13-4-5 (Burns Code Ed.), which provides, in pertinent part, as follows:

"Whoever enters any * * * business house, * * * with the intent to commit a felony therein, shall, on conviction, be imprisoned for not less than one [1] year nor more than...

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