Maynard v. State

Appellant was charged, by affidavit, with the offense of Burglary in the First Degree. A plea of not guilty was entered and appellant and his accomplice were tried jointly before a jury in the Marion County Criminal Court. The jury returned a verdict of guilty to the lesser included offense of Entering to Commit a Felony and appellant was sentenced to the Indiana State Prison for not less than one [1] nor more then ten [10] years and disfranchised for a period of four [4] years.

The facts of the case are as follows. Between the hour of 5:00 a.m. and 5:30 a.m. on Sunday morning, May 26, 1968,…