Legal Opinion
Semancik v. State
Court of Appeals of Alaska
Decided October 17, 2002No. A-7286PublishedCited by 1 opinion
1Opinion of the Court
OPINION
MANNHEIMER, Judge.
Wayne W. Semancik threatened his neighbors with a firearm and broke a window of their house in an attempt to enter the residence because he believed (falsely) that they had stolen his dog. For this conduct, Sem-ancik was indicted for attempted first-degree burglary.1 But the indictment was flawed.
The crime of burglary consists of unlawfully entering or remaining in a building with the intent to commit a crime.2 Forty years ago, in Adkins v. State, the Alaska Supreme Court ruled that a burglary indictment must specify this intended (“ulterior”) crime be*683cause it is an…
2Cases cited32 opinions
- People v. MahboubianNew York Court of Appeals · 1989
- State v. FrazierOhio Supreme Court · 1995
- People v. MackeyNew York Court of Appeals · 1980
- State v. BergeronWashington Supreme Court · 1985
- United States v. Frank Smith, Keith McCain Russell Ellis, Eric Wilson, Sherman Moore, Steven Pink and Charles PoteeteCourt of Appeals for the Seventh Circuit · 2000
27 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. SemancikAlaska Supreme Court · 2004