Joseph v. State

WALDEN, Judge.

This is an appeal by defendant who was convicted of breaking and entering a building with intent to commit a felony, to-wit: Grand Larceny. Defendant pleaded not guilty, testified in his behalf, was found guilty by a jury and sentenced to the maximum fifteen years. His sole point on appeal concerns prejudicial jury instructions.

Defendant was employed at Anderson Meat Store. One day he found a key on the floor which opened one of several meat freezers. One early morning he entered the store by removing four jalousies and stole a quantity of meat from the freezer. The police were…