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ELDRIDGE v. STATE

No. 3-1179A330.

406 N.E.2d 1264 (1980)

Howard L. ELDRIDGE and Kevin D. Eldridge, Appellants, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Third District.

July 16, 1980.

Attorney(s) appearing for the Case

Barrie C. Tremper, Allen County Public Defender, Fort Wayne, for appellant Howard L. Eldridge.

Donald C. Swanson, Jr., Fort Wayne, for appellant Kevin D. Eldridge.

Theodore L. Sendak, Atty. Gen., Gordon R. Medlicott, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Judge.

On December 29, 1978 the defendants, Howard L. Eldridge and Kevin D. Eldridge, were arrested and charged with burglary. Following their convictions, this appeal was filed with separate briefs for each defendant.

Howard and Kevin Eldridge were convicted under IC 1971, 35-43-2-1 (Burns 1979 Repl.) which reads,

"A person who breaks and enters the building or structure of another person, with intent to commit a felony in it, commits burglary...

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