Meridian Star

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February 15, 2013

New trial ordered in burglary case

JACKSON, Miss. — A flawed jury instruction has resulted in a new trial for Lafayette County man conviction of burglary and sentenced to life in prison.

Edward Daniels was tried in absentia after his February 2010 indictment on burglary of a dwelling. The charge was amended to cite him as a habitual offender.

A jury found him guilty. He was sentenced to life in prison without parole.

The Mississippi Supreme Court ruled Thursday that the jury instruction on the elements of burglary was flawed.

Although prosecutors didn't have to prove that grand larceny was an element of burglary, the Supreme Court says it was necessary to offer proof of Daniels' intention to commit some specific crime as the second part of burglary.

The court says the jury instruction did not do that.

 

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