Benoit v. State

Southerland, C. J.:

The appellants, Benoit and Donohue, were indicted for fourth degree burglary, i.e., breaking and entering a building, or a room, or any part of a building, with intent to commit a crime. 11 Del. C. § 395. The indictment charged them with breaking into the office of the United States Savings Bond Division in Wilmington with intent to commit larceny. They were acquitted of the intent and found guilty of breaking and entering. They appeal.

Two contentions are made here:(1) That the evidence, under the circumstantial evidence rule, is insufficient.(2) That the charge of the…