State v. Lerman

WEATHERBEE, Justice.

The Defendant was convicted in the Superior Court in York County of the offense of breaking, entering and larceny in the daytime. The indictment charged him with breaking and entering in the daytime the dwelling house of Beth Gilman and stealing jewelry there which was owned by Mrs. Gilman. Defendant’s appeal presents two issues. First, Defendant urges us that the statute upon which the indictment was based — 17 M.R.S.A. § 2103 — does not create an offense of breaking, entering and larceny in a dwelling house in the daytime and, secondly, that the circumstantial evidence…