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Davis v Commonwealth
Author:- Sam Biers
Facts: Annie Davis, was found guilty for burglary, for allegedly breaking and entering in the nighttime, a house owned by Fowlkes, and stole $412.50 from Wingfield. Davis had a key and the right to enter as detailed by Fowlke’s and Wingfield’s testimony.
Issue: Can a companion with the permission of the other companions or co-residents be found guilty of burglary where no proof of entry contrary to will of the occupier of the house exists?
Holding: The right of the defendant to enter the house free of constraint and unlimited in access therein was undisputed, therefor the charge of burglary cannot be supported.
Court Rationale: Burglary must involve breaking as a necessary element, either actual or constructive. Defendant’s entry was neither achieved by either actual or constructive breaking, therefor burglary did not occur.