Cherry v. State

Defendant (Appellant) was charged with First Degree Burglary. In a trial by jury, he was convicted of the lesser included offense of Entering to Commit a Felony under Acts of 1941, ch. 148, § 5, 1956 Repl. Burns Ind. Stat. Ann § 10-704, and was sentenced to imprisonment for not less *299than one nor more than ten years. Three questions are presented by his appeal to this Court.(1) Ten days prior to trial, Defendant made motions to produce a list of the State’s witnesses and their statements. The motion for a list of witnesses was sustained. The motion to produce their statements was overruled.…