State v. Limoges, 01-0150 (2001)

DECISION

Defendant Limoges has filed a motion to dismiss pursuant to Super.Ct.R. 9.1 and R.I.G.L. § 12-12-1.7. Although the motion as originally filed sought to dismiss count 2 as well as count 1, the challenge as to count 2 has been withdrawn. Accordingly, I address only defendant's claim that the facts giving the rise to the allegation contained in count 1 do not constitute a breaking and entering of a dwelling house.

In sum, defendant claims that because the farmhouse of John Wilcox (which defendant was engaged in repairing) was not occupied, any entry by him to remove tools or for other…