Coleman v. State

Defendant (Appellant) was convicted in a trial to the court of the offense of Second Degree Burglary (1956 Repl., Burns Ind. Stat. Ann. §10-701 (b), Acts 1941, Ch. 148, § 4, I.C. 1971, 35-13-5-4. He was sentenced to the state prison for a term of not less than two nor more than five years and disfranchised for two years. The statute, in relevant parts, is as follows:

“Whoever breaks and enters into * * * building or structure other than a dwelling house or place of human habita tion, with the intent to commit a felony therein, shall be guilty of burglary in the second degree, * *

The appeal is…