explaining that "a party who enters [a public building] with the intention to commit a felony enters without an invitation" and can therefore be denied admission or ejected from the premises
How later courts described this case
- explaining that "a party who enters [a public building] with the intention to commit a felony enters without an invitation" and can therefore be denied admission or ejected from the premises
- “The common-law element, to wit, the use of force by breaking, in order to constitute burglary, was originally a part of our statute; but it has long since ceased to exist.... That the entry is made in the daytime, when the store is open for business, may render it more difficult to prove the criminal intent present in the mind of the defendant when he enters; but that is a matter of evidence, and not a question of law.”
Written by the judges who cited it.
The opinion
Beatty, C. J., dissenting.
I dissent. I find no error in the record.