Burglary

11.05 Lesser included offense

Robert T. Little, COA03-38, Ben Dowling-Sendor
Defendant entitled to lesser offense instruction where he presented evidence had no felonious intent when entered victims' apartment

Horace Glover, COA03-1627, Haral Carlin
Instruction on second degree burglary warranted as house may have been unoccupied at the time defendant entered as victim had jumped out a window.

Andrew Jermaine Jordan, COA07-69, Charlesena Elliott Walker
Testimony that it was "getting dark" and "turning dark" failed to establish the "in the nighttime" element.

Ronald Graham, Jr., COA06-837, Linda B. Weisel
Instruction of felonious breaking and entering was required where defendant testified he entered the residence through an already open door.