People v. Busby

Defendant was convicted by a jury of breaking and entering with intent to commit larceny1 and sentenced to two years’ probation. *237The only disputed fact at the trial was whether or not the defendant was the man who committed the crime.

On appeal defendant raises two issues concerning the court’s charge to the jury, neither of which requires reversal.

The trial court instructed the jury that “there are only two possible verdicts, a verdict of not guilty or a verdict of guilty”. Subsequent to the instructions the following colloquy occurred:

“[The Court]: Is there anything you want me to add?

“[Mr.…