Penman v. State

Robertson, C.J.—

Penman appeals from his conviction for entering with intent to commit a felony.

We are asked to determine whether the evidence was sufficient to establish the elements of the offense and proper venue, and whether imposition of the prison sentence constituted cruel and unusual punishment.

We affirm the conviction.

The facts as viewed most favorably toward the State are as follows: Shortly after midnight on December 29, 1973, Robert Smith observed Penman throw a brick through the window of a poolroom at 545 Indiana Avenue in Indianapolis. Smith then observed Penman finish breaking…