State v. Thibeault

Dale Thibeault (defendant), a friend of David Gardner's, had blanket permission to enter Gardner's apartment but not permission to take anything from it; Thibeault was charged with burglary after taking valuables from the apartment. At trial, the judge instructed the jury that Thibeault could be convicted regardless of whether he had permission to enter, so long as he lacked permission to take property once inside. Thibeault was convicted and appealed.