Welch v. State

DICKSON, Justice.

Defendant, Harry F. Welch, Jr., was found guilty by a jury of burglary, a class B felony. He appeals his conviction claiming error in the refusal to give a tendered instruction on criminal trespass as a lesser-included offense of burglary, and he contends the evidence was insufficient to sustain the conviction.

Issue 1

This case is parallel to Jones v. State (1983), Ind., 456 N.E.2d 1025 and Goodpaster v. State (1980), 273 Ind. 170, 402 N.E.2d 1239, which both involve the same charge and raise the same argument. Both cases decided the issue against defendant holding that…