Powers v. State

Shulman, Judge.

Appellant was indicted for three counts of burglary and one count of criminal attempt to commit burglary. He was tried and found not guilty on Count 1 (breaking and entering with intent to commit theft); guilty on Counts 2 and 3 (breaking and entering with intent to commit theft and rape); and guilty of criminal trespass on Count 4. Defendant appeals the judgments on Counts 2, 3, and 4. For the reasons set forth in Division 3 of this opinion, we reverse the judgments on Counts 2 and 3. As no reversible error appears as to Count 4, the judgment on Count 4 is affirmed.

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