Herbert v. State

House or Home

In Waugh v. State, 20 Md. App. 682, rev’d 275 Md. 22, we faced the question of wrhether a suitcase was more like a car or a house. We are faced here with the issue of whether a motel room is a dwelling capable of being burglarized or a storehouse which can be merely broken, or — as the State would have us rule, both.

On May 23, 1975, after a trial before the Circuit Court for Baltimore County, sitting without a jury, Richard Edward Herbert was found guilty of burglary under the common law and Md. Code, Art. 27, §§ 29, 30, 31 and of “Attempted Storehouse etc. Breaking” under Art.…