Jones v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted of Burglary, Ind.Code § 35-43-2-1 (Burns 1979) and sentenced to eight (8) years imprisonment. The Court of Appeals affirmed. Jones v. State, (1981) Ind.App., 421 N.E.2d 15.

We grant Defendant’s Petition to Transfer pursuant to Ind.R.App.P. 11(B)(2)(d) in order to clarify and modify a ruling precedent concerning entitlement to instructions upon lesser included offenses.

The statute under which Defendant was charged is as follows:

“A person who breaks and enters the building or structure of another person, with intent to commit a felony in it,…