Vawter v. State

THOMAS, Justice.

The appellant was convicted of breaking and entering the house of another with intent to assault the occupant.'

He insists that his motion to quash the information should have been granted because no violation of Section 810.05, Florida Statutes 1951, and F.S.A., was charged. The relevant part of that law simply provides that anyone who “breaks and enters * * * with intent to commit a misdemeanor, shall be punished * * * The gist of the crime is the intent entertained by the wrongdoer at the time of breaking and entering. There are many misdemeanors which one breaking and…