Cook v. State

Appellant was charged by affidavit with second degree burglary. Trial by jury resulted in a verdict of guilty of the lesser included offense of entering to commit a felony. Appellant was sentenced to the Indiana State Prison for not less than one nor more than five years.

The record reveals the following:

Mary Monarch, owner of the Monarch Lunch Room in Evansville, Indiana, locked the premises at about 6:00 P.M. on January 28, 1971. At approximately 1:00 A.M. on January 29, 1971, Mr. and Mrs. Robert Wayne Smith, who were in a shop across the street, saw a person later identified as the…