Smith v. State

GIVAN, Chief Justice.

Appellant was charged in a three-count information. Count I was for Burglary, Count II for Robbery While Armed, and Count III for Attempted Rape. He was tried before the bench and found guilty on Counts I and III and not guilty on Count II. He was sentenced to a ten (10) year term of imprisonment for burglary and thirty (30) years for the attempted rape, the terms to be served concurrently.

On April 12,1980, P.S. and her roommate, S.I., returned to P.S.’s house trailer in Mun-cie at around 10:00 P.M. S.I. retired first and P.S. went to bed shortly after 11:30. About an…