Shutt v. State

Appellant was charged by affidavit with the crime of second degree burglary under Acts 1941, ch. 148, §4, p. 447, being §10-701, Burns’ 1942 Replacement, tried by the court without the intervention of a jury, found guilty, and sentenced to imprisonment in the Indiana State Prison for a period of not less than 2, nor more than 5 years. From the judgment overruling appellant’s motion for a new trial this appeal is prosecuted.

The sole question here presented is the sufficiency of the evidence.

The affidavit charged that “Brank Shutt on or about the 14th day of April A. D. 1958 at said County and…