Hobbs v. State

The appellant was charged in the lower court with the offense of second degree burglary. Trial by the court without a jury resulted in a finding of guilty of the lesser included offense of entering to commit a felony as defined in Burns’ Indiana Statutes Annotated § 10-704. The evidence most favorable to the state discloses the following:

*197About 8:35 P. M. on September 4, the same being Labor Day, 1967, one Daniel Crosby, a security guard for the Eli Lilly Company, Indianapolis, entered the canteen area on the second floor of the company’s building located on McCarty Street. At that particular…