Brown v. State

As appellee concedes, it was reversible error to refuse to give a jury instruction on trespass which, under the circumstances of . this case, was a category two included offense of burglary. Therefore, the judgment and sentence for burglary are hereby reversed and the cause remanded for a new trial.

ALTENBERND, A.C.J., and LAZZARA and QUINCE, JJ., concur.