Kissinger v. State

Appellant was charged with the crime of safe burglary as defined in Burns Ind. Stat., 1956 Repl., § 10-702a. Trial by jury resulted in a verdict of guilty, upon which the appellant was sentenced to the Indiana State Prison for not less than five nor more than ten years.

The evidence as shown by the record before us discloses the following:

On December 24, 1965, Melvin Wise, Manager of the Carbob Restaurant, 5959 East 38th Street, Indianapolis, Indiana, placed $1,715 in a lock box which he placed in the company’s safe, which was in turn locked. The restaurant was not open for business on…