Miller v. State

Birdsong, Presiding Judge.

Ernest Miller appeals from the order denying his motion for new trial and from his conviction of burglary and possession of a knife during the commission of a crime. Held:

1. Appellant contends the trial court erred in its recharge to the jury as to the offense of burglary, as the recharge went beyond the definition of burglary and directed the jury as to theories of guilt. We find this enumeration to be without merit.

Following the initial charge to the jury after closing argument, the trial court inquired whether there were any exceptions to the charges; appellant’s…