Nature of the Case
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Facts
Cladd (D) and his wife had been separated for six months. D had no ownership or possessory interest in his wife's apartment and had at no time lived there. D broke into the locked apartment with a crowbar, struck her, and attempted to throw her over the second-floor stair railing. D again attempted to break into her apartment the next morning but left when police arrived. D was charged with attempted burglary and burglary. D admitted the acts but asked the court to dismiss the case because the victim was his wife and he was licensed or invited to enter her apartment. The trial court dismissed the charges. The Appeals court reversed.
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