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HILLARD v. STATE

No. 45A03-8703-CR-84.

509 N.E.2d 1124 (1987)

Samuel HILLARD, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

July 7, 1987.

Attorney(s) appearing for the Case

Daniel L. Bella, Appellate Div., Crown Point, for defendant-appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Presiding Judge.

Samuel Hillard was charged with burglary. Over the defense's objection the court charged the jury that they might convict Hillard of theft. This they did and Hillard appeals.

The underlying theft felony is, of course, a different offense from the burglary which preceded it.1 Thus, it is not a necessarily included offense in a burglary charge. See Quire, supra, holding the felonies of rape and robbery...

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