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UNDERWOOD v. STATE

No. 3-580A133.

414 N.E.2d 588 (1981)

Leon UNDERWOOD, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied February 16, 1981.

Attorney(s) appearing for the Case

William F. Carroll, Carroll & Donaldson, Crown Point, for appellant.

Theodore L. Sendak, Atty. Gen., Thomas D. Quigley, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Presiding Judge.

Leon Underwood was convicted of burglary, a class C felony, and sentenced to eight years imprisonment. At trial, the State presented evidence showing that the police were dispatched to Diamond Duck Lounge at approximately 4:30 A.M. on March 26, 1979 to investigate a possible breaking and entering. After circling the building, the police noticed a screen ajar and a window broken on the south side of the building. The owner testified that when...

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