State v. Carroll

The single, limited issue on appeal herein is whether a Volkswagen bus is an “unoccupied structure,” within the purview of R. C. 2911.13, pertaining to “breaking and entering.”

We hold that the Volkswagen bus in the instant cause is not an “unoccupied structure” within the ambit of R. C. 2911.13.

Burglary at common law was the breaking and entering in the nighttime of the dwelling or mansion house of another with intent to commit a felony therein. Burglary has been statutorily defined in R. C. 2911.11 through 2911.13.

R. C. 2911.13, which is the section in focus in the instant cause, refers to…