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Daniels v State
Author:- Sam Biers
Facts: Def was charged and found guilty of B & E a depot building of Western and Atlantic Railroad. Def found the outer doors had been left open, entered, and broke several apartment doors taking the contents therein.
Issue: Did the def commit B &E since the initial entry did not involve any actual breaking?
Holding: Yes, Constructive B constitutes B.
Ct. Rationale: B & E an outhouse (apartments) with larcenous intent, that are adjoining the main dwelling, equates into B & E if the main dwelling itself.