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MALLARD v. STATE

No. 3-774A122.

329 N.E.2d 64 (1975)

Donald Mitchell MALLARD, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

June 19, 1975.

Attorney(s) appearing for the Case

James E. Burke, South Bend, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Russell W. Sims, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

Before STATON, P.J., and GARRARD and HOFFMAN, JJ.

PER CURIAM.

Defendant-appellant Mallard was convicted of First Degree Burglary and contends on appeal that the trial court erred in refusing to give certain jury instructions.

We affirm.

Mallard first contends that error was committed in the refusal to give the following instruction:

"If you find that the defendant entered the building illegally, but that he did not form an intention to commit a...

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