Next Generation Bar Exam Quiz
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CRIMINAL LAW AND CONSTITUTIONAL PROTECTIONS OF ACCUSED PERSONS
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Statute: A person commits burglary if he breaks and enters a dwelling with intent to commit a crime therein. 'Breaking' includes any force used to create or enlarge an opening,and any threat, artifice, or trick used to induce an occupant to admit the actor. An entry is not made by breaking if the occupant voluntarily consents to the actor's entry and the actor's purpose in entering is lawful.
Facts: Vera was home in her apartment when a man dressed in a utility uniform knocked and said he needed to check the pipes for a gas leak. Vera opened the doorand let him in. The man, Drake, had no utility affiliation; he entered intending to steal Vera's jewelry and did so. He did not touch the door beyond knocking.
Under the statute, is Drake guilty of burglary?
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