Bennett v. State

Case Summary

Buchanan, P.J.

Defendant-Appellant Dan Bennett (Bennett) appeals from trial court convictions of Second Degree Burglary and Theft, claiming denial of fair trial because of misconduct by the trial judge, this issue not having been raised in the Motion to Correct Errors or by timely objection during trial.

We affirm.

FACTS

On October 19, 1972, Bennett was tried by the court sitting without a jury on charges of Burglary in the Second Degree and Theft. The proceedings were punctuated from time to time by comments of the trial judge as to testimony by witnesses and defense counsel’s…