Clayton v. State

— Appellant Robert Clayton (Clayton) appeals his conviction for second degree burglary1 of an Indianapolis gas station on October 6,1975.

The elements of second degree burglary are: (1) breaking and (2) entering into a building other than a dwelling house or place of human habitation (3) with the intent to commit a felony therein. Cook v. State (1972), 258 Ind. 667, 284 N.E.2d 81; Carter v. State (1976), Ind. App., 345 N.E.2d 847; Apple v. State (1973), 158 Ind. App. 663, 304 N.E.2d 321.

*690The only issue presented to- us on appeal is whether the evidence is sufficient to establish the elements of…