State Supreme Court: If you're property isn't fenced all around, it isn't burglary
The Associated Press
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That’s the unanimous ruling today from the state Supreme Court, overturning the felony burglary conviction of Roger Dean Engel.
Burglary occurs when someone illegally enters a building or enclosed area, intending to commit a crime. That can include a fenced area.
In today’s case, Engel had been seen in the outdoor yard of an asphalt company. But the yard was only partially fenced, with hills and embankments surrounding the other sides. And that means Engel wasn’t guilty of burglary.
Last modified: July 09. 2009 12:05PM