State v. Neff
Supreme Court of Appeals of West Virginia
11 S.E.2d 171 (1940)
Relevant factsFree
The Neffs (defendants) broke into J.A. Trent's chicken house, located across the road from Trent's actual dwelling, and stole chickens. Despite incomplete evidence about the chicken house's size and exact proximity, the record established it was across the road from the dwelling rather than adjoining it. The Neffs were convicted of burglary and appealed.
IssueFree
Whether a defendant may be found guilty of burglary for breaking and entering property that is neither adjoining the victim's dwelling nor occupied in connection with that dwelling.