State v. Miles

DIXON, Chief Judge.

Defendant appeals from a conviction of attempted burglary in the second degree entered upon a jury verdict. The trial judge sentenced defendant to the maximum term of five years imprisonment after the jury could not agree on punishment.

Defendant asserts two points of error in the trial court.

Defendant claims that the trial court erred in refusing defendant’s motion to dismiss for failure to state a cause of action and that defendant’s motion to dismiss at the close of the evidence should have been sustained on the ground of a variance between the charge and the proof.

The…