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THOMAS v. STATE

No. 767S39.

254 Ind. 561 (1970)

261 N.E.2d 224

THOMAS v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied September 30, 1970.

Attorney(s) appearing for the Case

Frank E. Spencer, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, Mark Peden, Deputy Attorney General, John J. Dillon, Former Attorney General, and Murray West, Former Deputy Attorney General, for appellee.

ARTERBURN, J.

This is an appeal from the judgment of the Criminal Court of Marion County, Division No. 1, finding appellant guilty of Second Degree Burglary. The charge was brought by affidavit and tried before the court, the defendant having waived trial by jury.

Testimony at the trial indicates that Foster Powell owned a grocery in Marion County. On January 5, 1966, Foster Powell left his place of business, Powell...

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