People v. Jacques

The issue presented in this case is whether entry into an enclosure by crawling under a fence constitutes the crime of entry without breaking, MCL 750.111; MSA 28.306. The Court of Appeals held that a fence is included in the catchall category of “structure” contained in the statute. We disagree with the Court of Appeals and hold that a fence is not a structure for the purposes of the statute.

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The defendant was arrested for stealing four crushed pop cans from a 7-UP distribution center. Apparently, he slid under the fence surrounding the center through a six- to eight-inch depression in the…