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Unformatted text preview: entry in burglary statute should not be stretched beyond recognition. Holding: No a burglary was not committed, since no entry could be proven. Synthesis: Dissent/Concurrences: Dissent: Justice Baxter. States that the check was an actual entry, the because it went in the chute it was a breach. He emphasize that the check was an instrument used to trick the business to giving more money back. States that entry was easily seen. Also noted the Nible test of, public entry = not a unlawful entry, and used it against the court. Also notes, that there is a irony p. 343....
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.
- Spring '11