State v. Patton

HEDRICK, Chief Judge.

Defendant contends that the trial court erred in failing to dismiss the charge of first degree burglary. The trial judge charged the jury that to find defendant guilty of first degree burglary that “the State must prove to you that at the time of the breaking and entering the Defendant intended to commit a felony, that is to say, larceny.” Defendant argues that there is insufficient evidence of intent to commit larceny to support his conviction for first degree burglary. We disagree.

First degree burglary is defined as the unlawful breaking and entering of an occupied…