Sluss v. State

NEAL, Judge.

STATEMENT OF THE CASE

Respondent-appellant Randall Sluss (Sluss) appeals from an order entered in the Monroe Circuit Court — Juvenile Division which found that Sluss did break and enter into the dwelling of Frank Foulks (Foulks) with the intent to commit the felony of battery upon Foulks with a deadly weapon, that being a club. Upon such finding, Sluss was adjudged a delinquent child by the trial court.

We reverse.

STATEMENT OF THE FACTS

The evidence most favorable to the State discloses that on April 28, 1981, Sluss, age 17, walked through the open front door of Foulks’s house and…