Hunter v. State

This appeal stems from appellants’ judgment of conviction for second degree burglary upon an affidavit 1 charging them with that offense.

Error is assigned upon overruling the motion for new trial.

Appellants argue the court’s finding is not sustained by sufficient evidence and is contrary to law in that second degree burglary is a specific intent crime and that the evidence showed both appellants were intoxicated and therefore could not have formed the necessary intent.

The evidence favorable to the State was that an Evansville police detective, Frank Long, testified that about 11:00 p.m. he…