Tyler v. State

Defendant-appellant was charged with second degree burglary. Trial was had by jury which became hopelessly deadlocked. A second trial was held and the jury returned a verdict of guilty. Appellant timely filed his Motion to Correct Errors and, from the overruling of that motion, this appeal is taken.

The evidence most favorable to the State reveals that Audio-Visual Repair Service, a partnership, located in the city of Evansville, Indiana, was burglarized. The last employee to leave the store after closing testified that everything was in order, doors secured, and an alarm system was in…