Smith v. State

This is an appeal from a conviction of second degree burglary following a trial by jury in Division One of the Criminal Court of Marion County.

The crime of second degree burglary is defined by Acts 1941, ch. 148, § 4, being Burns Ind. Stat. Ann. § 10-701:

“(b) Whoever breaks and enters into . . . or any building or structure other than a dwelling house or place of human habitation, with the intent to commit a felony therein, shall be guilty of burglary in the second degree, and upon conviction shall be imprisoned not less than two (2) years nor more than five (5) years and be disfranchised and…