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COLEMAN v. STATE

No. 1270S321.

257 Ind. 439 (1971)

275 N.E.2d 786

RODNEY COLEMAN v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied February 21, 1972.

Attorney(s) appearing for the Case

Palmer K. Ward, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, A. Frank Gleaves, III, Deputy Attorney General, for appellee.

PRENTICE, J.

Defendant (Appellant) was convicted in a trial to the court of the offense of Second Degree Burglary (1956 Repl., Burns Ind. Stat. Ann. § 10-701 (b), Acts 1941, Ch. 148, § 4, I.C. 1971, 35-13-5-4. He was sentenced to the state prison for a term of not less than two nor more than five years and disfranchised for two years. The statute, in relevant parts, is as follows:

"Whoever breaks and enters into * * * building or structure other...

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