in the County of Marion in the State of Indiana, did then and there unlawfully, feloniously and burglariously break and enter into the building and structure of ANTHONY WAYNE OIL CORPORATION, then and there situated at 201 NORTH CAPITOL AVENUE, City of Indianapolis, County of Marion, State of Indiana, which said building and structure was not a place of human habitation, with the intent to commit a felony therein, to-wit: to unlawfully and feloniously and knowingly obtain and exert unauthorized control over property of said ANTHONY WAYNE OIL CORPORATION and to deprive said ANTHONY WAYNE OIL CORPORATION permanently of the use and benefit of said property, then and there being contrary to the form of the statute in such case made and provided, and against the peace and                       Attorney for defendant
                          Jerome McGill
MEMORANDUM
The Court erred in admitting state's exhibit # 2, a knife, over the defendant McGill's objection. Said knife, according to the testimony of the police officer, was found upon the defendant Chandler and was not connected with the defendant McGill.
The Court erred in overruling defendant's motion for discharge made at the close of the state's case and at the close of all the evidence for the following reasons:
The defendant Chandler was seen inside the structure but