Judge v. State

DAUGHTREY, Judge.

OPINION

The defendant, Kenneth Judge, was convicted of second degree burglary, and was sentenced by the jury to not less than three nor more than 15 years in the penitentiary. He appeals his conviction, setting out multiple assignments of error which present four issues to be resolved by this Court.

The defendant alleges (1) that the evidence preponderates against the verdict; (2) that the trial court erred in failing to charge the jury on the lesser included offense of attempt to commit a felony; (3) that the trial judge likewise erred in failing to instruct the jury that they…