State v. Flowers

Defendant, Dale L. Flowers, appeals from his conviction of aggravated burglary in the Franklin County Court of Common Pleas and initially raised two assignments of error, as follows:

“1. Absent proof that the defendant trespassed in the residence of another with the intention of committing a theft offense or a felony, the court below erred:

“(A) In overruling defendant’s motion for a judgment of acquittal pursuant to Criminal Rule 29.

“(B) In finding defendant guilty of aggravated burglary.

“2. The trial court improperly considered appellant’s failure to testify on his own behalf.”

Defendant…