Hahn v. State

SULLIVAN, Judge.

Kevin S. Hahn appeals his conviction for Burglary, a Class C felony. I.C. 35-43-2-1 (Burns Code Ed.Repl.1985). Because we reverse and remand for a new trial, we discuss only whether either or both of two instructions given were so misleading, in light of the evidence, as to have influenced the verdict. Stated conversely, unless we can say as a matter of law that the giving of both instructions was harmless beyond a reasonable doubt, we must reverse. See Carter v. State (1977) 266 Ind. 196, 361 N.E.2d 1208, cert. denied 434 U.S. 866, 98 S.Ct. 202, 54 L.Ed.2d 142 (1977); Brewer…