Miller v. State

The appellant, John Edward Miller, was convicted of burglary in the first degree and of theft of property in the first degree. He was sentenced, as a habitual offender with two prior felony convictions, to life in prison on the burglary conviction and to 25 years in prison on the theft of property conviction. He appeals from his conviction for burglary in the first degree, contending that the trial court erred in refusing his request to charge the jury on the lesser included offense of burglary in the third degree. See §§ 13A-7-5 and 13A-7-7, Ala. Code 1975.

The evidence at trial tended to…