State v. Pauley

PRITCHARD, Presiding Judge.

Appellant was convicted of burglary second degree, but was acquitted of a charge of stealing in conjunction with the burglary, by the verdict of a jury. His sentence was imposed by the court, in accordance with the verdict, at two years imprisonment in the Department of Corrections.

Appellant’s first point is that Instruction No. 3 was erroneous because it did not require a finding that there were goods, wares and merchandise kept in the burglarized building, as charged in the information. The matter is not presented for review because it was not claimed as error in…