Burnett v. State

Appellant was charged by affidavit with the crime of auto banditry. Trial without a jury in the Marion County Criminal Court, Division One, resulted in appellant’s conviction and sentence to the Indiana State Prison for not less than one [1] nor more than five [5] years.

Looking first to the evidence most favorable to the appellee and all inferences to be reasonably drawn therefrom, we note the occurrence of the following events. At approximately 11:00 o’clock P.M. on December 9, 1967, the janitor at Jack Kidwell Electric Co., Inc., noticed two men attempting to break into the building. He…