Danks v. State

CAREY, Justice.

At trial in Superior Court, the jury found appellant James Joseph Danks guilty of burglary in the third degree. Subsequently, the appellant renewed a motion for acquittal which had been denied during the trial. The trial Judge held, as a matter of law, that the conviction of burglary in the third degree was unjustified and, over appellant’s objection, ordered a new trial limited to burglary in the fourth degree. A second trial was held and resulted in a verdict of guilty of fourth degree burglary. In this appeal, defendant below makes four contentions: (1) the evidence was…