Prather v. State

This matter is before the court on appeal from a conviction of the appellant for the offense of first degree burglary. The charge was presented by affidavit, and trial was before the court without the intervention of a jury. The appellant was sentenced to the Indiana State Prison for not less than ten (10) years nor more than twenty (20) years and disenfranchised for a period of two (2) years.

The evidence when viewed most favorably to the State of Indiana may be summarized as follows:

Police Officer Kerins testified that on March 15, 1967, at 2:47 P.M., he arrived at a residence located at…