ROBERT M. MARTIN, Judge.
Defendant was indicted for first degree burglary, and was ultimately tried (upon the State's election) for second degree burglary, upon a proper indictment and after the warrant for arrest was amended. From a conviction of second degree burglary and a sentence of 30 to 40 years, defendant appeals, assigning error to the instructions of the trial judge.
We find that defendant must have a new trial. He was charged with second degree...
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