State v. McFarland

Two men broke into a private home in the middle of the night, terrorized its occupants, and later claimed they could do so because they were pursuing a bond jumper. Phillip McFarland appeals his conviction and sentence for second-degree burglary contending the State presented insufficient evidence of burglarious intent and the trial court erred in refusing to instruct the jury on his proffered citizen’s arrest affirmative defense. Because we find sufficient evidence proving McFarland’s intent to assault the occupants of the home he broke into and his requested instruction was not supported by…