Davis v. State

The Appellant was charged by affidavit with First Degree Burglary pursuant to Burns’ Ind. Stat. Anno. § 10-701, which reads in part as follows:

“Whoever breaks and enters into any dwelling house or other place of human habitation with the intent to commit any felony therein . . . shall be guilty of burglary in the first degree....”

He was convicted of the lesser included offense of Entering to Commit a Felony, which offense is set out in Burns’ Ind. Stat. Anno. § 10-704 and reads in part as follows:

“Whoever enters into any dwelling house, or other place of human habitation . . . with the intent…