Question

Client's Facts: The client is charged with burglary. He broke a window, entered his neighbor's garage, and took three cases of beer. The garage is a separate building located about six feet from the neighbor's house.
Rule of Law: Section 2397 of the state penal code defines burglary as the breaking and entering of the dwelling house of another with the intent to commit a crime.
Case Law: In the case of State v. Nelson, the court ruled that "a dwelling includes outbuildings close to but not physically connected with a dwelling house, if such buildings are capable of being fenced in."
Assignment: Based on the information presented in the problem, prepare a complete and detailed analysis of the question of whether there is sufficient evidence to support a charge of burglary.


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  • CreatedSeptember 03, 2015
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