CLAYTON v. STATE

No. 2-476A165.

354 N.E.2d 338 (1976)

Robert CLAYTON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied October 25, 1976.


Attorney(s) appearing for the Case

Kenneth T. Roberts, Wilson, Coleman & Roberts, Indianapolis, for appellant.

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


SULLIVAN, Judge.

Appellant Robert Clayton (Clayton) appeals his conviction for second degree burglary1 of an Indianapolis gas station on October 6, 1975.

The elements of second degree burglary are: (1) breaking and (2) entering into a building other than a dwelling house or place of human habitation (3) with the intent to commit a felony therein. Cook v. State (1972) 258 Ind. 667, 284 N.E.2d 81

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