Whitsell v. State

This is an appeal from a judgment of the Vanderburgh Circuit Court convicting the appellants Whitsell and Hester of the offense of second degree burglary. Error is claimed in the overruling of the motion for a new trial on the ground that the verdict was not sustained by sufficient evidence and was contrary to law.

The primary contention here is that the “breaking” into the property was not coupled with a specific intention to commit a felony, and therefore the crime of second degree burglary was not proved.

A brief review of the evidence shows that the appellants, Robert Eugene Whitsell and…