State v. Van Dyke

HOLOHAN, Vice Chief Justice

(dissenting):

The court today holds that a man can be guilty of burglary of his own home. This novel principle comes about according to the majority opinion, because of the wording of the burglary statute. If that is what the law means, one cannot help but agree *339with the often quoted remarks of Mr. Bumble, the Charles Dickens character from Oliver Twist (Chapter 51).

The majority ignores the long-standing principle that statutes should be construed to avoid an absurd conclusion or result, and the majority must admit that their construction of the burglary statute…