Smith v. State

Evans, Judge.

The defendant was convicted of the offense of burglary, in that he did, "unlawfully and with force and arms without authority and with intent to commit a theft therein, enter the building of Suburban Plaza Lerner Shop, Inc.” He was sentenced to serve a term of three years. The appeal is from the judgment and sentence. Held:

1. Defendant complains because the trial court failed to properly instruct the jury as to the meaning of the term "with force and arms.” The indictment charged that the accused, on December 5,1972, "unlawfully and with force and arms without authority and with…