Eby v. State

Defendant appeals from a bench trial conviction of first degree burglary on an affidavit charging that he broke into the dwelling of prosecutrix “with intent to do violence and physical abuse upon” her. The only substantial issue before us is whether the evidence is sufficient to prove beyond a reasonable doubt the specific intent charged. We hold that it is and affirm.

Indiana’s statutory first degree burglary differs in its essential elements from the common law crime of burglary not only in omitting the nighttime requirement1 but also in *512adding a specific intent, i.e., “with the intent . .…