Schuty v. State

Defendant (Schuty) was charged by affidavit with Second Degree Burglary, convicted by jury of Entering to Commit a Felony and sentenced to not less than one nor more than five years in the Indiana State Prison.

Schuty alleges three errors: (1) There was insufficient evidence to support the conviction, (2) The trial court erred in granting the State’s motion to amend the affidavit and (3) The trial court erred in not granting Schuty a continuance after the amendment.

The evidence most favorable to the State is that on Sunday, October 4, 1970, the upstairs storeroom of Crowder’s Uptown Drug Store…