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State v. Neff
A defendant commits burglary by unlawfully entering or remaining in a building with the intent to commit a crime. In State versus Neff, the court considered what kinds of buildings can be burglarized.
J.A. Trent lived in a home that was set back seventy five feet from a public road. Trent raised chickens, which he kept in a chicken house across the road. The chicken house was located at least one hundred feet away from Trent’s home. One night, the Neffs broke into Trent’s chicken house and stole his chickens.
The Neffs were convicted of burglary and appealed to the West Virginia Supreme Court of Appeals, arguing that the state’s burglary statute didn’t apply to unoccupied buildings that weren’t attached to a dwelling house.
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State v. Neff Case Brief Summary | Law Case Explained
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