James Henry Russell v. State Indiana

Appellant Russell was convicted of second-degree burglary at the Conclusion of a jury trial in the St. Joseph Superior Court on December 19, 1975. He was sentenced to an indeterminate term of two to five years imprisonment. On appeal to the Court of Appeals, Third District, appellant Russells conviction was affirmed per Hoffman, J., with Garrard, J., Concurring specially and Staton, J., Concurring in part and Dissenting in part. Russell v. State, (1978) Ind. App., 378 N.E.2d 872. Appellant petitions this court to grant transfer, and asks us to reverse the judgment of the Court of Appeals.