State v. Dively

NEAL, Judge.

STATEMENT OF THE CASE

Defendant-appellee Marion Sue Hembd (appellee) was charged in the Vanderburgh Superior Court with the offense of burglary of her husband’s property under Ind.Code 3543-2-1 (Supp.1980). The State has perfected an interlocutory appeal from the trial court’s action dismissing the charge.

We reverse.

STATEMENT OF THE FACTS

Appellee was charged with breaking and entering with the intent to commit the felony, theft, at Chiado’s Tavern in Evansville, operated and occupied by Bruce Hembd. The motion to dismiss, opposing affidavits, and the evidentiary hearing conducted…