Writing Assignment #2
Issue
: Is the client guilty of burglary for breaking into his neighbor’s separate
garage, located about six feet from the neighbor’s house?
Rule: 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.
Application:
The Defendant broke the window to the neighbor’s garage
before entering to steal three cases of beer, this constitutes as breaking and
entering to commit a crime.
Conclusion:
The neighbor’s separate garage is a “dwelling” as described in State v.
Nelson. T
he 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.” One question that may arise is if whether or not the garage
can be fenced in. If so, the Defendant’s actions constitute burglary under
Section 2397 of the state penal code.
