Spears v. State

Appellant was charg-ed with the crime of second degree burglary to which he entered a plea of not guilty. Trial by jury in the Henry Circuit Court resulted in a verdict of guilty and sentence to the Indiana State Prison for a term of not less than two (2) nor more than five (5) years. The overruling of appellant’s motion for new trial is the basis for this appeal.

The evidence as viewed most favorably to the appellee is as follows. Shortly after midnight on January 10, 1966, pursuant to a telephone call, two deputies from the sheriff’s office drove to the vicinity of a business establishment…