State v. Teasley

OPINION

COOPER, Judge.

The primary issue in this appeal is whether burglary in the third degree is a lesser included offense of burglary in the second degree. The Court of Criminal Appeals, in a split decision, held that it is. We affirm.

The record shows that the defendant entered a vacant apartment in the Bel-Air Apartments in Knoxville, and removed a stove and refrigerator. The indictment as returned by the grand jury charged the defendant with “burglary by breaking and entering a certain house of James Wallace, in the daytime, the same being a mansion house” with the intent to commit…