Gooch v. State

Appellant-defendant Gooch appeals from his conviction of First Degree Burglary, IC 1971, 35-13-4-4, Ind. Ann. Stat. §10-701, (Burns 1956), contending the evidence was not sufficient to infer the element of breaking and entering.

We affirm.

The record reveals that the occupant of the premises here involved closed and secured the entrance way before he left for work. The State’s key witness, the landlady, then related that when she observed someone in Gooch’s apartment attempting to open a permanently closed window, she entered the kitchen area, which divided the two apartments.

As she entered the…