Shropshire v. State

Appellant was charged by affidavit with first degree burglary, i.e., breaking and entering the dwelling house of Lemon Morris with intent to commit theft, in violation of I.C. 1971, 35-13-5-5, being Burns § 10-704. In a trial without jury in the Marion County Criminal Court Division No. 2, appellant was convicted of the lesser included offense, entering to commit a felony, and sentenced to one to ten years in prison.

Appellant’s first contention is that there was insufficient evidence to sustain the trial court finding. In reviewing the allegation of insufficient evidence this Court will not…