State v. Baker

The defendant was obviously guilty of larceny. However, he was charged and convicted of an aggravated statutory form of burglary. The evidence was undisputed that he had permission to enter the building at the time and place to do custodial work, and that he performed such work.

Section 28-533, R. R. S. 1943, has two separate elements: First, the unlawful entry and second, the committing or attempting to commit one of the acts enumerated after entry. See Fredericksen v. Dickson, 148 Neb. 739, 29 N. W. 2d 334.

The rule is supportable that an unlawful or malicious intent at the time of entry may…