OPINION
COOPER, Judge.
The primary issue in this appeal is whether burglary in the third degree is a lesser included offense of burglary in the second degree. The Court of Criminal Appeals, in a split decision, held that it is. We affirm.
The record shows that the defendant entered a vacant apartment in the Bel-Air Apartments in Knoxville, and removed a stove and refrigerator. The indictment as returned by the grand jury charged the defendant with...
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