State v. Peacock

BRANCH, Chief Justice.

Defendant assigns as error the trial court’s denial of his request for a jury instruction on the crime of misdemeanor breaking or entering, a lesser included offense of first degree burglary. Defendant’s indictment for first degree burglary was based on the theory that he broke and entered with an intent to commit larceny within. Despite his request for an instruction on the lesser offense, the trial judge instructed the jury that it could find the defendant guilty of first degree burglary or not guilty.

The common law offense of burglary is committed when a person breaks…