Jay Et Al. v. State Indiana

On Rehearing Appellant has filed petition for rehearing contending we erred in our previous opinion in holding appellant's tendered instruction No. 14[Footnote 1] related to first degree burglary and that since appellant was not convicted of such crime, no prejudicial error was committed by failure to give the instruction. Our earlier opinion considered appellant's tendered instructions Nos. 13 and 14 together as appellant had treated them in his brief. Instruction 13 specifically confined its application to first degree burglary, and as appellant stated both specifications of the motion for new trial dealing with the instructions were substantially the same and grouped and argued them together, we concluded they should be considered together and if so, instruction No. 14 as well as 13 would pertain solely to first degree burglary.