Grainger v. State

WIGGINTON, Judge.

Defendant has appealed a judgment of conviction based upon his plea of guilty to the charge of breaking and entering with intent to commit a misdemeanor. Based upon this judgment the court sentenced appellant to imprisonment for a period of four years and committed him to the custody of the Division of Corrections. The sole point on appeal questions the legality of the sentence.

The statute under which appellant was charged with the crime for which he pleaded guilty is as follows:

“Whoever breaks and enters or enters without breaking any dwelling or store house, or any…