PHILLIPS v. STATE

No. 2-1176A423.

377 N.E.2d 666 (1978)

George PHILLIPS and Lawrence Peterson, Appellants, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

June 27, 1978.


Attorney(s) appearing for the Case

Robert W. Hammerle, Timothy J. Burns, Indianapolis, for appellants.

Theo. L. Sendak, Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for appellee.


WHITE, Judge.

Phillips and Peterson were charged in a single information with two counts of First-degree burglary (Counts I and II) and one count of theft (Count III) arising out of break-ins at two residences. A jury found both guilty on all three counts and judgment was entered accordingly.

We reverse.

The evidence most favorable to the State is that deputy sheriffs responded to a call from a neighbor who had seen one man (Phillips) approach the...

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