CAREY, Justice.
At trial in Superior Court, the jury found appellant James Joseph Danks guilty of burglary in the third degree. Subsequently, the appellant renewed a motion for acquittal which had been denied during the trial. The trial Judge held, as a matter of law, that the conviction of burglary in the third degree was unjustified and, over appellant's objection, ordered a new trial limited to burglary in the fourth degree. A second trial was held and resulted...
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