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GALES v. STATE

No. 2012-KA-00865-COA.

131 So.3d 1238 (2013)

Gene GALES a/k/a Gene Gales, Jr. a/k/a Gene E. Gales, Jr., Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied February 4, 2014.

Attorney(s) appearing for the Case

Office of State Public Defender by George T. Holmes , Craig Thomas Rose , attorneys for appellant.

Office of the Attorney General by Jeffrey A. Klingfuss , attorney for appellee.

Before LEE, C.J., MAXWELL and FAIR, JJ.

MAXWELL, J., for the Court:

¶ 1. There are three essential elements that must be alleged in an indictment charging a defendant with burglary of a nondwelling — (1) the defendant unlawfully broke and entered into a building, (2) where anything of value is kept for use, (3) with the intent to commit some specific crime once inside.1 But here, Gene Gales was convicted of nondwelling...

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