People v. King

The defendant, Howard King, was indicted for the crime of burglary. Count I of the indictment charged that the defendant, on February 5, 1960, “feloniously, burglariously, wilfully, maliciously and forcibly broke and entered a certain building, to-wit: dwelling house of Ida Sims” with the intent to steal personal property. Count II, which was later nolle prossed by the State, was to the same effect as Count I, with the omission of the charge that the breaking was “forcible.”

The court, without a jury, found defendant guilty and, upon a showing in aggravation that the defendant had been…