Clark v. State

Bell, Chief Judge.

Defendant was tried for burglary but convicted of the lesser offense of criminal trespass. He was sentenced to the maximum sentence of 12 months confinement. Held:

1. After the impaneling of the jury but prior to the presentation of evidence, the trial court instructed the jury as to the procedure that would be used in the trial of the case. This instruction included: "The defendant may offer evidence if he desires but he is not required to do so under the law, but if defendant does offer evidence, then the state may present evidence to rebut and then the defendant may offer…