The findings of fact below are affirmed. In our opinion, in view of the closely balanced issue of identification herein, the following errors were prejudicial and require a new trial: (a) The trial court charged, in answer to a juror's question, that entry through an open window could constitute a "breaking" under the burglary statutes. This error was particularly significant since there was evidence that windows in the premises in question were open. (b) A police officer...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
