October 2 Notes - October 2, 2008 Burglary: Breaking and...

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October 2, 2008 Burglary: Breaking and entering (actus reus) the dwelling house of another at night with the intent to commit a felony therein (mens rea). Breaking: To create a breach or an opening. CL says that if someone came in created an opening, open door, create a breach. The homeowner does not need to turn his home into a fortress, if the door is closed but not locked, still a breaking. Entering: Go in through the opening, can be done with body or with tools. Can use a wire hanger to get something in the house because hanger is the extension of the body. Dwelling house: people’s home. Anyplace where a person resides or has resided, it is not a place that a person will reside in the future. A house in construction is not a dwelling house. Curtilage: buildings within close proximity of the dwelling house. At night: amount of light in the sky. If there was enough sunlight, and you could see what’s going on, it’s not night. Intend to commit a felony therein: this mens rea must be present at the time of breaking
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October 2 Notes - October 2, 2008 Burglary: Breaking and...

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