Legal Research, Analysis, and Writing
Clients Facts
The client is charged with burglary. He broke a win-dow, entered his neighbors garage, and took three cases of beer. The garage is a separate building located about six feet from the neighbors house.
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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.
Case Law
In the case of State v. Nelson, the court ruled that a dwelling includes outbuildings close to but not physi-cally connected with a dwelling house, if such build-ings are capable of being fenced in.
Assignment:
Based on the information presented in the problem, prepare a complete and detailed analysis of the question of whether there is sufficient evidence to support a charge of burglary.
