State v. Dwyer
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Benewah County. Hon. R. N. Dunn, Judge. The defendant was convicted of burglary in the second degree. “To constitute burglary the felonious intent must exist at the time of the breaking and entry, and it is not enough if it is formed after the entry or even before the entry, if after the breaking.”
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APPEAL from the District Court of the Eighth Judicial District, for Benewah County. Hon. R. N. Dunn, Judge. The defendant was convicted of burglary in the second degree. “To constitute burglary the felonious intent must exist at the time of the breaking and entry, and it is not enough if it is formed after the entry or even before the entry, if after the breaking.” (6 Cyc. 197.) “The entry must appear to be made with the immediate intent to commit a felony as distinguished from the previous intent to procure admission to the dwelling.” (4 R. C. L. 428.) Whether or not the intention at time of…
1Opinion of the CourtMorgan, C. J.
The record discloses that appellant entered the district courtroom in the Benewah county courthouse and there stole a sum of money. He insists there is no evidence that the entry was made with burglarious intent, and that this indispensable element of the crime with which he was charged and of which he was Convicted is lacking.
There is no evidence tending to show appellant knew, when he entered the building, the money he took was there. For that matter the evidence will not justify the conclusion he knew there was any specific article of personal property therein which he desired to…
2Cases cited5 opinions
- People v. CurleyMichigan Supreme Court · 1894
- Love v. StateCourt of Criminal Appeals of Texas · 1917
- State v. JohnsonSupreme Court of Minnesota · 1884
- State v. CashSupreme Court of Kansas · 1887
- State v. WardSupreme Court of Minnesota · 1912
3Cited by16 opinions
- State v. OldhamIdaho Supreme Court · 1968
- State v. PolsonIdaho Supreme Court · 1959
- State v. JohnsonIdaho Supreme Court · 1955
- State v. BullIdaho Supreme Court · 1929
- State v. HewittIdaho Supreme Court · 1953
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