Shepherd v. State

Defendant (Appellant) was convicted, in a trial to the court, of Second Degree Burglary and sentenced to the Indiana Women’s Prison for not less than two (2) nor more than five (5) years. Her appeal presents only one question, i.e. was knowledge obtained by the State’s witness during *231his marriage to the defendant privileged and therefore inadmissible? If so, the decision of the trial court must be reversed, because without such evidence there clearly was no evidence of probative value from which the trial court could reasonably infer that the defendant was guilty beyond a reasonable doubt.…