State v. Neely

582 S.W.2d 352 (1979)

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Nature of the Case

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Facts

D entered the home of another shortly after midnight on September 23, 1977. Three children (18-year-old James and 16-year-old Jackie, both boys; and, Celestine, an 11-year-old girl) were at home. A pair of men came to the door claiming they were police officers who had received a call regarding a disturbance at this address. They were refused admittance, stating no such call had been made. They left but returned again asking for entry. They were refused, and this time James called the police. Hearing a noise, he went to investigate, and James was met in the kitchen by D who was holding a gun to Jackie's head. The children were led to the basement and locked in a closet. The home was ransacked, but the police arrived just as D was attempting to leave. Before the burglary, all the doors and windows in the home were closed and locked, save one window in the boys' bedroom which had been left open approximately one inch. After the burglary, the sash was open much wider. D was tried and convicted of burglary. D appealed. D claims that there was no 'breaking.'