Dedrick v. State

The appellant was charged by affidavit with the commission of the crime of burglary in the second degree. To this charge he entered a plea of not guilty. The cause was tried by jury resulting in a verdict of guilty. On appeal to this court, he has assigned certain alleged errors of the court in giving instructions. He first questions instruction No. 5 given by the court on its own motion as follows:

“If the State of Indiana has proved that the property described in the affidavit was stolen, and that such property was, after the larceny, found in the exclusive possession of the defendant, then…