State v. Harold

MITCHELL, Justice.

The defendant contends that the trial court erred by failing to instruct the jury that it must find as an essential element of first degree burglary that the dwelling entered was owned by the deceased and that the defendant possessed no ownership interest. The defendant also contends that the first degree murder conviction must be vacated because the evidence shows that it was based on the first degree burglary conviction which resulted from the erroneous instruction. We find the defendant’s contentions to be without merit.

The State’s evidence tended to show that at one time…