Eby v. State

290 N.E.2d 89 (1972)

Thomas M. EBY, Appellant,

v.

STATE of Indiana, Appellee.

No. 572A229.

Court of Appeals of Indiana, Second District.

December 18, 1972.

Rehearing Denied January 22, 1973.

David F. McNamar, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., for appellee.

WHITE, Judge.

Defendant appeals from a bench trial conviction of first degree burglary on an affidavit charging that he broke into the dwelling of prosecutrix "with intent to do violence and physical abuse upon" her. The only substantial issue before us is whether the evidence is…