Davis v Commonwealth
FACTS
-Annie Davis was found guilty for burglary (allegedly breaking and entering in the nighttime) of a house owned by Fowlkes, and for stealing $412.50 from Wingfield.
-Davis had a key and the right to enter as detailed by both Fowlke’s and Wingfield’s testimony.
Issue: Can a companion with the permission of the other co-residents or companions be convicted of burglary where there is no proof of entry that is contrary to the will of the house's occupier?
Holding: The court found that the D had the right to enter the house free of constraint. It was undisputed that the D had unlimited access, and the burglary charge can not be supported.
ANALYSIS
-Burglary must involve breaking as a necessary element, either actual or constructive.
-Defendant’s entry was neither achieved by either actual or constructive breaking, therefor burglary did not occur.
FACTS
-Annie Davis was found guilty for burglary (allegedly breaking and entering in the nighttime) of a house owned by Fowlkes, and for stealing $412.50 from Wingfield.
-Davis had a key and the right to enter as detailed by both Fowlke’s and Wingfield’s testimony.
Issue: Can a companion with the permission of the other co-residents or companions be convicted of burglary where there is no proof of entry that is contrary to the will of the house's occupier?
Holding: The court found that the D had the right to enter the house free of constraint. It was undisputed that the D had unlimited access, and the burglary charge can not be supported.
ANALYSIS
-Burglary must involve breaking as a necessary element, either actual or constructive.
-Defendant’s entry was neither achieved by either actual or constructive breaking, therefor burglary did not occur.
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