Perez v. State

— The defendant was charged with second degree burglary and was convicted by a jury of the lesser included offense of entering to commit a felony.

*437The sole issue raised on appeal is the giving by the court of its final instruction numbered 13 which reads as follows:

“In this case, the first proposition which presents itself to the jury for consideration is, did the defendant commit the crime of Burglary in the Second Degree as charged in the affidavit. If you are not satisfied beyond a reasonable doubt that he did then the inquiry is ended and the defendant must be acquitted of that charge; but…