State v. Mitchell

FINNEY, Chief Justice:

This case is before the Court on a writ of certiorari to review the Court of Appeals’ decision in State v. Mitchell, 332 S.C. 619, 506 S.E.2d 523 (Ct.App.1998). We affirm, finding as did the Court of Appeals that respondent was entitled to a directed verdict on the burglary charge.

DISCUSSION

A person is guilty of burglary in the first degree if he enters a dwelling without consent and with intent to commit a crime in the dwelling, and at least one of three aggravating factors is proven. S.C.Code Ann. § 16-11-311 (Supp.1999). Section 16-11-311(A)(2) lists one of the…