Wells v. State

Deen, Presiding Judge.

Appellant was indicted for burglary, but, after a jury trial, the jury returned a guilty verdict on the lesser included offense of criminal trespass. He was sentenced to 12 months in the Fulton County jail or public works camp with 6 months to serve and the balance on probation. On appeal, he asserts two enumerations of error.

On July 22, 1977, Ronald Horton and his wife were spending the night in the den of his mother’s house while his mother was out of town when they noticed a prowler coming through a window. Horton’s wife turned on the light and Horton grabbed the…