State v. Mustain

Defendant appeals convictions for burglary in the first degree and theft in the first degree. He assigns as errors (1) the denial of his motion for acquittal, (2) the failure of the court to give an instruction on the lesser included offense of burglary in the second degree and (3) denial of his motion for mistrial.

In the first assignment, defendant contends that there was insufficient evidence to sustain a conviction of burglary in the first degree. The information alleged in material part that defendant

“* * * ¿id unlawfully and knowingly enter and remain in a building located at the Coast…