ARTERBURN, C.J.
Appellant was charged by affidavit with the crime of second degree burglary. He was tried and convicted in the Marion Criminal Court, Div. 2, before Special Judge Palmer K. Ward.
Burns Indiana Stat. Anno. § 10-701(b) states: "Whoever breaks and enters into ... any building or structure other than a dwelling-house or place of human habitation, with the intent to commit a felony therein, shall be guilty of burglary in the second degree....
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