Coleman v. State
| Decision Date | 13 March 1967 |
| Docket Number | No. 30938,30938 |
| Citation | 248 Ind. 137,224 N.E.2d 47 |
| Parties | Eugene David COLEMAN, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Don R. Money, Indianapolis, for appellant.
John J. Dillon, Atty. Gen., Donald R. Ewers, Asst. Atty. Gen., Indianapolis, for appellee.
This is an appeal from Appellant's conviction in Division 2 of the Marion County Criminal Court upon indictment charging Appellant with the crime of first degree burglary. Omitting the formal parts, the indictment reads as follows:
'The Grand Jury for the County of Marion in the State of Indiana upon their oath do present that Eugene Coleman on or about the 18th day of September, A.D. 1965, at and in the County of Marion and in the State of Indiana, did then and there unlawfully, feloniously and burglariously break and enter into the dwelling house and place of human habitation of Margaret Conour, then and there situate at 902 N. Pennsylvania Street, Apartment #305, in the City of Indianapolis, in said County and State, with the intent to commit a felony therein, to-wit: unlawfully and feloniously to have carnal knowledge of Margaret Conour, a woman, forcibly and against her will, she, the said Margaret Conour then and there not being the wife of the said Eugene Coleman, then and there being contrary to the form of the statute in such case made and provided and against the peace and dignity of the State of Indiana.'
The Appellant waived a jury trial. He was found to be guilty and was sentenced by the court, under the provisions of the Statute under the Acts of the Indiana General Assembly 1941, ch. 148, § 4, p. 447, Burns' Ind.Stat.Anno. (1956 Repl.) § 10--701(a), as follows:
'Whoever breaks and enters into any dwelling-house or other place of human habitation with the intent to commit any felony therein, or to do any act of violence or injury to any human being, shall be guilty of burglary in the first degree, and on conviction thereof shall be imprisoned not less than ten (10) years nor more than twenty (20) years and be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.'
It will be noted from the indictment that Appellant was charged with breaking and entering a dwelling house 'with the intent to commit a felony therein, to-wit: unlawfully and feloniously to have carnal knowledge of Margaret Conour, a woman, forcibly and against her will, she, the said Margaret Conour then and there not being...
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...two cases in which the facts are similar to those at bar, but the specific intent charged was quite different. In both Coleman v. State (1967), 248 Ind. 137, 224 N.E.2d 47, and Smith v. State (1971), Ind., 271 N.E.2d 133, the charge was first degree burglary with intent to commit the felony......
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