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Effects Of Common Law Burglary

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1. Has this man committed common law burglary?

Common law burglary is the trespassory breaking and entering of the dwelling house of another, in the nighttime, with the specific intent to commit a felony therein.
A dwelling is a place regularly used to sleep and Nighttime is the period when the countenance of a person cannot be discerned by natural sunlight.

A strange man demanded that Amanda let him in her home (dwelling house), at 11 o’clock at night(nighttime) with the threatening gesture of pulling out a gun. Once inside, he took her money, engagement ring, and left (intent and committing a felony). His crime meets all the elements of common law burglary, except “breaking” by actual force. However, several circumstances of entering by constructive force constitute “breaking”

Constructive force constitutes “breaking” when its obtained with: entry by fraud, threatening the use of force, entry through a chimney, or having a servant or coconspirator open the door from the inside.

The stranger broke into Amanda’s home when she declined to let him in the first time, he pulled out a gun in a gesture to threaten harm. She opened the door out of fear for her life. Thus, a breaking in with constructive force.

Therefore, a common law burglary has been committed.

2. What result if the incident took place at 3:00 p.m. not 11:00 p.m.?

Common law burglary is the trespassory breaking and entering of the dwelling house of another, in the nighttime, with the specific intent to

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