Spears v. State

Appellant was charged by affidavit with entering a telephone booth to commit a felony. Upon his plea of not guilty, trial was had before the Marion Criminal Court, Division Two. A finding of guilty resulted in sentencing of appellant to the Indiana State Prison for not less than one (1) nor more than ten (10) years.

The only assignment of error is that the trial court overruled appellant’s motion for new trial. In said motion it is urged that the verdict of the trial court was not sustained by sufficient evidence and is contrary to law. Those points raised in the accompanying memorandum,…