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.