Fullewellen v. State

Deen, Judge.

This defendant and another were apprehended by police at an apartment on the second floor of a multi-unit apartment house in the act of attempting to pry open the front door. The defendant had placed a tire pry bar under the door and the other man had a screwdriver; the door showed marks of the attempt. On arrest and search it was found that Fullewellen possessed a bag of heroin. He was convicted of attempt to commit burglary and possession of narcotics, and enumerates error only on the failure of the trial court without request to charge the misdemeanor offense of criminal…