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COLE v. STATE

272 A.2d 339 (1970)

Edward A. COLE, Dennis R. Wilburn, Defendants Below, Appellants, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

December 7, 1970.

Attorney(s) appearing for the Case

Bernard Balick, Asst. Public Defender, Wilmington, for defendants below, appellants.

John G. Mulford, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

The question presented on this appeal is whether entering a building through a previously-broken window in a locked frame constitutes a "breaking" within the meaning of our Burglary Statute, 11 Del.C. § 391(a) (4).1 The Superior Court held that it does and charged the jury accordingly. The defendants were convicted of burglary in the fourth degree, a felony. They appeal.

We disagree that entering a building...

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