Smart v. State

This, is an appeal from a judgment entered by the Morgan Superior Court, without the intervention of a jury, wherein appellant was convicted of burglary in the first degree and sentenced to not less than ten nor more than twenty years in the State Reformatory.

The affidavit charges appellant, on the 28th day of August, 1961, with unlawfully breaking and entering into a structure known as the Dr. R. L. Keenan residence, “which was then and there a place of human habitation,” located near the town of Mooresville, Indiana, with intent to commit a felony, that is, to steal the personal chattels of…