How do prosecutors establish the necessary intent to enter and commit a crime in the offense of burglary?
What will be an ideal response?
One approach holds that an unexplained intrusion into the dwelling of another will support a finding of intent to commit theft. Some statutes establish a prima facie presumption of the necessary intent based upon such unexplained entry. One court held intent to commit larceny may be inferred from the totality of circumstances disclosed by the testimony. Such intent may be inferred from the nature, time, or place of the defendant's acts before and during the breaking and entering.
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