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Home / Opinion Digests / Criminal Practice / Criminal Practice –  Jury Instructions – Burglary & Breaking or Entering – Constructive Possession – Sentencing Change (access required)

Criminal Practice –  Jury Instructions – Burglary & Breaking or Entering – Constructive Possession – Sentencing Change (access required)

  Even though the trial court did not include the words “wrongful” or “without claim of right” in its jury instruction on the lesser-included offense of breaking or entering, (1) the trial court’s instruction was correct in law and was supported by evidence that defendant broke into and/or entered the victims’ residence without consent; (2) defendant ...

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