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BOYLE v. STATE

No. 5915.

464 P.2d 493 (1970)

MArvin Dean BOYLE, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

January 22, 1970.

Attorney(s) appearing for the Case

James D. Santini, Public Defender and H. Leon Simon, Deputy Public Defender, Las Vegas, for appellant.

Harvey Dickerson, Atty. Gen., Carson City, George E. Franklin, Jr., Dist. Atty., and Richard D. Weisbart, Deputy Dist. Atty., Las Vegas, for respondent.

OPINION

ZENOFF, Justice.

After a jury trial appellant Marvin Dean Boyle was convicted of violating NRS 205.065, the crime of burglary.

In the course of his instructions the trial court informed the jury in the language of the statute which states that one who unlawfully enters a building is deemed to have entered with the intent to commit larceny unless such "unlawful entry shall be explained by testimony satisfactory to the jury to have been made...

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