Massey v. United States

GALLAGHER, Associate Judge:

After a trial by jury appellant was found guilty of second-degree burglary 1 and sentenced to a term of one to three years with execution of two and one-half years suspended and probation imposed in lieu thereof. In this appeal it is argued with considerable force that the trial court erred (a) in denying appellant’s motion for judgment of acquittal for failure of proof that appellant entered the premises with the intent to steal, (b) in failing to instruct the jury on the lesser included offense of unlawful entry, and (c) in refusing to give a requested instruction…