Davis v. State

CONCURRING IN PART AND DISSENTING IN PART

BUCHANAN, C.J.

I concur in the conclusion that the evidence sustains conviction for First Degree Burglary.

*567I dissent from the conclusion that Counts 2 and 3 (Assault and Battery with Intent to Kill) are merged into Burglary for the reasons stated in my separate opinion in Elmore v. State, (1978), 176 Ind.App. 306, 375 N.E.2d 660.