ENTERS WITH- LIKE OR UNLIKE
QUTAUTHORITY | DWELLING INTENT HOLDING OUR CASE
Noauthortyto | Yes‘adweling of | No.intenttocom- | No bua intent | Dweling wasa
enter mitcrime therein | element not met. | tent Clent knew it
‘though other et
ements were met,
boys did not enter
teatwith meno | cele potogache
commit a felony or | and prevent fiend
theft from taking add
tional shotos
CASE NAME. FACTS
Statev. Smith, | Two unarmed
201NE.2d673 | teenagers entered
(Ohio Ct. App. | the home of one of
1973). thet friends,
Statev.Jones, | Armed menen- | Yes Knew it was | No authority
S1BN.E2d333 | tered vacation | dwelling of an-_| enter. Although
(Ohio 1985). | home of their ac- | other they knew | they en stayed
quaintances,
= | Burglary
dence showed he im
had staked out the | frequented the
hhouse todeter- | home, often for
(0s of time, mine specific items | long periods of
totale we and D
planned to take
valuables.
Statev, Green, | Unarmed man en- | No, Did not know it | No authority 1
988NE2d901 | teredhome;did | was dwelling of | enter
(Ohio Ct. App. | notknow whose | another: he
‘No burglary. Even |
though another | like client's case.
person owned the
Green det thought
2000). home it was. thought home was unoccupied for 8 house was a
abandoned (no ‘months. doned, sono bur-
‘one appeared to lary Here,
have lived therefor accused knew that
‘Bmonths). someone was stay-
abandoned, ing in tent and
wanted 10 take
item from him.