Question

Jack, who is separated from his wife, is locked out of his marital house because he lost his keys. He is still an owner of the house. He breaks open a window in broad daylight to enter and retrieves some of his belongings. While inside, he sees a new purchase by his wife and becomes incensed at the thought that she is lavishing money on herself while he must rent a small efficiency apartment to make ends meet. He takes the new purchases and gives them to his new girlfriend. He is arrested and charged with burglary. What possible defenses does he have?
A) He did not commit burglary because he did not enter under cover of darkness.
B) He did not commit burglary because he owns the house.
C) He did not enter with the intent to commit a felony.
D) Both A and B
E) Both B and C

Answer

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