Smith v. State

CAREY, Justice.

The defendant below, Raymond H. Smith, has appealed from a sentence imposed by the Superior Court after a jury verdict of guilty of burglary in the fourth degree, 11 Del.C. § 395. Appellant contends (1) that the evidence was insufficient to sustain the conviction; and (2) the Court below erred in failing to instruct the jury that it could find the defendant not guilty of burglary in the fourth degree, but guilty of breaking and entering alone, pursuant to 11 Del.C. § 3706.

Appellant also was indicted for larceny of an automobile owned by a used-car dealer. The two charges were…