State v. Thompson

Theodore S. Thompson, hereinafter referred to as appellant, was convicted of second degree burglary. He has appealed from the judgment and sentence entered on the verdict.

The appellant assigns the giving of the court’s instruction No. 5 as error. That instruction is quoted as follows:

“The word ‘break’ as defined by the laws of the State of Washington, when used in connection with the crime of burglary, means and includes the entering of a building, room or apartment, by or through any opening of any kind.”

The decisive question in this appeal is whether the concept of “a breaking” or the “use…