Rogers v. State

Defendant-appellant Rogers was tried without a jury on an indictment charging him with second degree burglary. He was found guilty as charged and sentenced to the Indiana State Prison for two to five years and rendered incapable of holding any office of trust or profit for two years. 1

The defendant’s Belated Motion to Correct Errors raises two issues on appeal, that the judgment is not sustained by sufficient evidence and is contrary to law. The two issues have been consolidated on appeal, and will be consolidated here.

The uncontradicted evidence reveals the following: Sometime after midnight…