Thomas v. State

Appellant was charged by affidavit with second degree burglary in violation of Acts 1941, ch. 148, § 4, Burns Ind. Stat. Ann. § 10-701, in Marion County Criminal Court, Division Two. In a trial without jury appellant was convicted of entering to commit a felony, Acts 1941, ch. 148, § 5, Burns Ind. Stat. Ann. § 10-704, which reads as follows:

“10-704. Entering to commit a felony—Penalty.—Whoever enters any . . . business-house . . . shop, office, storehouse, warehouse ... or any other erection or inclosure, with the intent to commit a felony therein, shall on conviction, be imprisoned for not…