People ex rel. Marsh v. Martin

I dissent from the conclusion reached by the majority that the rule laid down in People v. Olah (300 N. Y. 96) requires a reversal in this case. The court said in People v. Love (305 N. Y. 722): “ This is not a situation encompassed by our decision in People v. Olah ”, The situation in the instant case is parallel to that in the Love case. Unlike the New Jersey statute considered in the Olah case, the Utah statute, defining second degree burglary, sets forth two different ways of committing the crime. One way is where a person “ forcibly breaks and enters.” The other, set forth in the statute…