State v. Green

Defendant seeks reversal of his convictions, after trial, of burglary in the first degree and being an ex-convict in possession of a firearm. Defendant makes three assignments of error, two of which we discuss here. The first concerns the seizure of the gun involved in the ex-convict charge. The second assigns error to the manner in which the burglary count of the indictment was amended. We reverse the burglary conviction and affirm the firearms conviction. We turn first to the second assignment of error, which involves amendment of the indictment without resubmission to the grand jury.

Count…