Naomi Hawkins
Legal Writing Assignment 3
October 5, 2010
Issue: Under section 2-3-97 of the state penal code, is it considered burglary to break a window, enter a neighbor’s garage which is located in a separate building about six feet from the neighbor’s house, and steal 3 cases of beer?
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. 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.”
Analysis: Since the garage was within a close distance of the house and capable of being fenced in, the law considers it to be part of the house. The fact that the client broke a window to get in provides intent, to steal, and the close proximity of the house and the garage determines that breaking into the garage is the legal equivalent of breaking into the home, which combined with the subsequent provides intent, to steal, and the close proximity of the house and the garage determines that breaking into the garage is the legal equivalent of breaking into the home, which combined with the subsequent theft of the beer becomes burglary.
Conclusion: According to the law, the client has burglarized the garage and is guilty as charged.
Legal Writing Assignment 3
October 5, 2010
Issue: Under section 2-3-97 of the state penal code, is it considered burglary to break a window, enter a neighbor’s garage which is located in a separate building about six feet from the neighbor’s house, and steal 3 cases of beer?
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. 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.”
Analysis: Since the garage was within a close distance of the house and capable of being fenced in, the law considers it to be part of the house. The fact that the client broke a window to get in provides intent, to steal, and the close proximity of the house and the garage determines that breaking into the garage is the legal equivalent of breaking into the home, which combined with the subsequent provides intent, to steal, and the close proximity of the house and the garage determines that breaking into the garage is the legal equivalent of breaking into the home, which combined with the subsequent theft of the beer becomes burglary.
Conclusion: According to the law, the client has burglarized the garage and is guilty as charged.