Preston Glenn v. William Dallman, Superintendent

JOHN W. PECK, Senior Circuit Judge.

This appeal from the district court’s denial of a state prisoner’s habeas corpus petition raises the question whether the state trial court’s complete failure to instruct the jury on an essential element of the crime for which petitioner was convicted was harmless error. We conclude that it was not and reverse the judgment of the district court and remand with the directions that the writ issue ordering that the petitioner’s conviction be reclassified from aggravated burglary to burglary.

Petitioner was indicted by the Franklin County, Ohio, Grand Jury for…