State v. Francis L. Lampman

¶ 1. Defendant appeals his burglary conviction arising from his entering a partially constructed house to steal roofing materials. He argues that the trial court erred in instructing the jury on the definition of "building or structure" for the purposes of the burglary statute, and that the evidence was insufficient to prove that he entered a "building or structure." We affirm.

¶ 2. The State presented the following evidence in connection with the burglary and petit larceny charges against defendant. A witness who was praying at a shrine across the street from a construction site at 10:30 p.m.…