The findings of fact below are affirmed.
In our opinion, the trial court erred in refusing to charge the jury on the crime of unlawful entry. There is some basis in the evidence upon which the jury could have found the accused innocent of burglary and yet guilty of unlawful entry, namely, his statement to the police at the scene that he had been invited into the apartment (People v. Malave,
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.
