State v. Brooks

Littlejohn and Ness, Justices:

This is an appeal by appellant Brooks challenging his burglary conviction. He alleges and we agree that the State failed to prove an essential element of the crime charged in the burglary indictment. We reverse.

Brooks was also charged and convicted of criminal sexual conduct and larceny. He does not contest these convictions.

The burglary indictment is framed substantially in the language of the common law. The parties concede that the common law definition is the breaking and entering the dwelling house of another in the nighttime with the intent to commit a…