only one sentence for burglary followed by larceny
How later courts described this case
- only one sentence for burglary followed by larceny
Written by the judges who cited it.
The opinion
*241 HOWELL, J.,
dissenting.
The "burglary statute, OES 164.230, does not require that the breaking and entering be made with the intent to commit any specific crime. The accused could have the intent to commit one or several crimes at the time. In my opinion, the breaking and entering with the intent to commit a crime — in other words, the burglary — and the subsequent crime committed, whether it be larceny, rape or assault, are entirely separate and distinct criminal acts involving different elements. I see no reason, under these circumstances, why the accused should not he convicted and sentenced for both crimes.
Bryson, J., joins in this dissent.