Utterback v. State

This case is before us upon the plaintiff’s (appellee’s) petition to transfer from the Court of Appeals, Second District. The decision and opinion of that Court which *686appears at 300 N. E. 2d 688 reversed the judgment of the trial court upon the first issue as hereinafter discussed. Transfer is hereby granted, and the decision of the Court of Appeals is set aside.

Defendant was convicted of second degree burglary in a trial by jury and was sentenced to imprisonment for not less than two (2) nor more than five (5) years. His appeal presents four issues, to-wit:

I. Ruling of the trial court…