State v. Mihill

ARCHIBALD, Justice.

On appeal.

The appellant was indicted, 1 tried before a jury and convicted of a violation of 17 M.R.S.A. § 754. 2

Appellant assigns five points on which his appeal rests, none of which have merit.

Point One

Appellant argues that the State failed to prove beyond a reasonable doubt that the unlawful entry occurred “in the nighttime,” as alleged in the indictment.

Whether an illegal entry in violation of Section 754 takes place “in the nighttime” is pertinent only when the structure entered is a “dwelling house,” and even then it is significant only because it obviates the…