State v. O'NEILL

The jury returned a verdict of guilty. I agree with the majority that the judgment of conviction and the decision of the court of appeals should be reversed. I do not, however, join the majority opinion.

I shall first discuss the jury instructions, which I conclude were erroneous. Then I shall consider the majority’s untoward revision of the burglary statute. Finally I shall consider the majority’s failure to set forth the facts developed at trial and the majority’s concomitant misinterpretation of the defendant’s alleged conduct.

I

The majority fails to consider the defective jury instructions.…