McAdams v. State

Appellant was charged by affidavit with unlawfully, feloniously, and burglariously breaking and entering the dwelling house of Georgia Franz with the intent, unlawfully, to take and carry away the goods, chattels and personal property of said Georgia Franz. It will be observed that the charge substantially follows the language of the first degree burglary statute. §10-701 (a), Burns’ 1942 Replacement. The jury found defendant guilty of burglary in the second degree, but no question is raised as to the propriety of such a verdict on such an affidavit. Defendant was sentenced to imprisonment…