State v. Moore

BECTON, Judge.

Defendant has assigned error to the denial of his motion to dismiss the charge of first degree burglary, the refusal of the court to instruct on misdemeanor breaking or entering, the portion of the jury charge explaining the defense of coercion, and the State’s cross-examination of him about his prior criminal charges. We find merit in each assignment of error and order a new trial.

I

Defendant was found guilty of first degree burglary. The State contended that defendant intended to commit larceny, felonious assault or rape. We agree with defendant that there was insufficient…