Cole v. State

HERRMANN, Justice:

The question presented on this appeal is whether entering a building through a previously-broken window in a locked frame constitutes a “breaking” within the meaning of our Burglary Statute, 11 Del.C. § 391(a) (4). 1 The Superior Court held that it does and charged the jury accordingly. The defendants were convicted of burglary in the fourth degree, a felony. They appeal.

We disagree that entering a building through a previously-broken window brings the offense within the meaning of § 391(a) (4), though the frame be locked. It is our opinion that such offense constitutes, at…