Barksdale v. State

Elsijane T. Roy, Justice.

Appellant Nathanial Barksdale was found guilty of the offense of burglary in violation of Ark. Crim. Code § 41-2002 (1976). He also was found to be a habitual offender, and the sentence imposed was nine years.

On appeal Barksdale’s only allegation of error is that the trial court erred in refusing to submit to the jury his proffered instruction that the offense of breaking or entering is a lesser included offense of burglary.

The record reflects appellant entered the Baptist Student Union at the University of Arkansas at Pine Bluff about midnight on July 20, 1976. The…