State v. Ballard

WASSERSTROM, Judge.

Defendant appeals from conviction by jury of burglary in the first degree, under Count I of the information, and of. felonious assault with malice aforethought, under Count II of the information. Applying the second offender act, the trial court assessed the punishment which it fixed at ten years imprisonment on the burglary and thirty-five years on the assault.

The events in question occurred at the home of Gary and Mary Huffman on the night of August 6, 1975. The house had a ground level containing bedrooms and other living quarters and a lower level consisting of…