Burnett v. State

*544Case Summary

Buchanan, J.

Defendant-Appellant Michael B. Burnett (Burnett) appeals from a trial court conviction for a violation of the Offense Against Property Act [IC 1971, 35-17-5-3, Ind. Ann. Stat. § 10-3030 (Burns Supp. 1974)], claiming that the trial court erred in refusing to allow into evidence testimony given in a prior judicial proceeding.

We affirm.

FACTS

The evidence and facts most favorable to the State are as follows:

On July 28, 1972, Burnett and Sherrie Slocum (Sherrie) entered the Wm. H. Block Co. (Block’s) at Southern Plaza, Indianapolis, Indiana, and proceeded to a clothing rack…