Smith v. State

Appellant was charged by a two-count affidavit filed November 16, 1959, with the crimes of second degree burglary and automibile banditry under the provisions of Acts 1941, ch. 148, §4, p. 447 (Burns’ Ann. St., §10-701 (b) [1956 Repl.]), and under Acts 1929, ch. 54, §3, p. 136 (Burns’ Ann. St., §10-4710 [1956 Repl.]).

Trial was had by jury which found the appellant guilty of the crime of second degree burglary, as charged.

The appellant assigns as sole error the overruling of his motion for a new trial on the grounds that the verdict is not sustained by sufficient evidence and is contrary to…