Hawkes v. State

BROWN, Justice.

A jury convicted defendant, John Leroy Hawkes, of burglary. On appeal defendant has raised two parallel issues: whether the trial judge erred in instructing the jury as to the crime of aiding and abetting when the information only charged the principal offense of burglary; and whether the trial judge erred in denying defendant’s motion for judgment of acquittal because the evidence showed that defendant did not actually enter the liquor store. We find that the trial judge did not err in either instance and affirm.

During the early morning hours of July 31,1980, the Rustic Liquor…