Legal Memorandum of Rob Smith’s Case
Rule Section
In the state of Mirabella, where Mirabella city is located, a person perceives as committed burglary if he or she breaks and enters a habitation of another with intent to commit a felony therein at night.
Question Presented
Is Mr. Smith qualify the conviction of breaking and burglary ?
Short Answer
Yes, Mr. Smith qualified for the conviction of breaking and burglary . Because according to the old pre-USA’s legal definition of breaking is that one uses any force to gain admission to a place without permission, that is, it is true that Mr. Smith nudged the door and walked into the study room, but the premise in here is he didn’t get any permission from the homeowner that he can access this part of house. And based on the dictionary of law that burglary means the crime of breaking and entering into a structure for the purpose of committing a crime. And in the Mr. Smith’s case that he did breaking into the study room, and he purpose to steal the property of homeowner while he saw two laptop on the desk of study room, and he got caught by owner when he about to leave with stolen stuffs. Hence, he is qualified for the conviction of breaking and burglary
Fact Section…show more content… The matter of he got arrested by police due to he intruded his client’s study room without any permission. Notwithstanding, he had been told by client that he can stay put in that certain area in hallway of the large house once he finished his job, but it doesn’t give Mr. Smith to permission to walk into client’s study room or rest of area except hallway, that is, Mr. Smith broke into his client’s privacy property without permission. And later on, he is intentionally stealing homeowner’s property while he saw two laptop on the desk of study room, and he got caught caught by owner when he about to leave with stolen