Watts v. United States

FICKLING, Associate Judge:

This is an appeal from a jury trial conviction of appellant on one count of first degree burglary 1 and two counts of assault ‘with a dangerous weapon.2 The principal issue is whether the trial judge’s instruction, which required the jury to find appellant guilty if it concluded that he had committed acts which constituted the offense charged, deprived appellant of his constitutional right of a jury trial. We agree and reverse. In view of our disposition, we need not address the other issues which are raised.

During the early morning hours of December 24, 1972, Miss…