Thomas v. State

The appellant was charged with First Degree Burglary by affidavit filed in the Marion County Criminal Court. The issues formed by the affidavit and the plea of not guilty by the appellant were determined by a jury and the verdict was guilty.

Thereafter, a petition to file a belated motion for new trial was granted and this appeal prosecuted on the overruling of the belated motion for new trial.

The affidavit, omitting the formal parts, reads as follows:

“BE IT REMEMBERED, That, on this day before me, NOBLE! R. PEARCY Prosecuting Attorney of the Nineteenth Judicial Circuit, personally came JOHN…