Nature of the Case
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Facts
Dupree (D) entered a shoe shop to have lunch with the owner and unlocked the windows from the inside under the pretext of changing his pants. D came back the next night and entered the shop through the open windows and stole three pairs of shoes. D was tried and convicted of burglary. D appealed: the element of breaking and entering was not shown because D merely increased the opening of an already open window.
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