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Walker v State
Author:- Sam Biers
Facts: Defendant Walker was convicted of breaking and entering a corncrib belonging to Noadiah Woodruff and Robert Peeples, to secret away corn in April or My 1878.
Issue: Does the use of an instrument or tool, which crosses the plane of the threshold constitute the necessary element of entry?
Holding: The instrument was used not only to break, but to effect the entry so as to commit the larceny of the corn within, and therefor the crime of breaking and entering is complete.
Court Rationale: When the defendant caused the instrument to intrude into the crib the burglar acquired dominion over the corn he was stealing. When the auger was withdrawn there was breaking and entering with criminal intent.