Mitchell v. State

McMurray, Presiding Judge.

Defendant was charged in two counts for rape and burglary. The case was tried before a jury and defendant was found guilty of burglary, but the jury was unable to reach a verdict on the rape charge. A mistrial was declared and a new trial was ordered on the rape charge. Upon retrial, the jury found defendant guilty of the lesser included offense of simple battery. This appeal followed. Held:

In his sole enumeration, defendant asserts the general grounds.

“A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft…