Murphy v. State

SULLIVAN, Judge.

Defendant-Appellant Jeff Murphy (Murphy) was found guilty of attempted burglary after a trial by jury in the Circuit Court of Delaware County. Two issues have been presented for review:

1. whether attempted burglary is an included offense of burglary; and

2. whether the instruction on an included offense was appropriate in light of the evidence presented at trial. We affirm.

I

Murphy was charged by information and tried by jury for burglary. 1 Included in the Court’s final instructions, over Murphy’s timely objection, was the State’s tendered instruction on attempt:

“A person…