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BENOIT v. STATE

179 A.2d 292 (1962)

William BENOIT and Robert J. Donohue, a/k/a John Lynch, Jr., Appellants, v. The STATE of Delaware, Appellee.

Supreme Court of Delaware.

March 30, 1962.

Attorney(s) appearing for the Case

Robert C. O'Hora and John P. Daley, Wilmington, for appellants.

Charles L. Paruszewski and Thomas Herlihy, III, Deputy Attys. Gen., for the State.

SOUTHERLAND, C. J., WOLCOTT, Justice, and DUFFY, Judge, sitting.

SOUTHERLAND, Chief Justice.

The appellants, Benoit and Donohue, were indicted for fourth degree burglary, i. e., breaking and entering a building, or a room, or any part of a building, with intent to commit a crime. 11 Del.C. § 395. The indictment charged them with breaking into the office of the United States Savings Bond Division in Wilmington with intent to commit larceny. They were acquitted of the intent and found guilty of breaking and entering. They appeal...

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