Gafford v. State

The charge here is that Gafford “did unlawfully break and enter a building of another, to-wit, a crib, the property of one B. F. Lewis, with intent then and there to commit a misdemeanor, to-wit, petit larceny.”

While the statute imposes the penalty upon “Whoever breaks, or enters without breaking,” etc., the charge is not duplicitous as the words “break and enter” may be regarded as being used disjunctively. See Strobhar v. State, 55 Fla. 167, 47 South. Rep. 4; Jones v. State, 18 Fla. 889; Bradley v. State, 20 Fla. 738; King v. State, 17 Fla. 183.

•The nature and ownership of the property…