(a) A person is guilty of burglary in the third degree when he enters or remains unlawfully in a building with intent to commit a crime therein.
(b) Burglary in the third degree is a class D felony.
(1969, P.A. 828, S. 105.)
Cited. 161 C. 283; 173 C. 317; 174 C. 253; 176 C. 299; 182 C. 52; Id., 176; Id., 242; 183 C. 225; Id., 444; 184 C. 95; Id., 215; Id., 369; 186 C. 648; 187 C. 6; Id., 292; Id., 444; 189 C. 364; Id., 717; 190 C. 496; 191 C. 146; Id., 180; 193 C. 35; 194 C. 198; Id., 210; Id., 213; Id., 361; Id., 438; Id., 623; 196 C. 185; 197 C. 247; 198 C. 1; 199 C. 30; Id., 308; 202 C. 615; 216 C. 814; 218 C. 273; 219 C. 489; 220 C. 417; 223 C. 731; 232 C. 455; 235 C. 679; 237 C. 390; 239 C. 235; 240 C. 708. Trial court correctly permitted jury to consider charge of burglary in the third degree as lesser included offense of burglary in the first degree; state was not collaterally estopped from prosecuting defendant for burglary in the first degree. 275 C. 192.
Cited. 2 CA 537; 3 CA 132; Id., 359; Id., 503; 5 CA 599; 6 CA 24; Id., 680; 8 CA 478; 9 CA 141; 10 CA 258; Id., 279; Id., 447; Id., 503; 11 CA 805; 12 CA 1; Id., 196; Id., 375; 13 CA 214; Id., 220; 14 CA 119; Id., 526; 16 CA 184; Id., 601; 18 CA 368; 19 CA 48; 20 CA 205; Id., 721; 22 CA 440; 23 CA 123; Id., 151; Id., 201; 24 CA 295; 25 CA 503; 30 CA 190; 34 CA 751; judgment reversed, see 233 C. 211; 35 CA 107; Id., 405; Id., 714; 36 CA 177; Id., 364; 37 CA 40; Id., 228; 38 CA 225; Id., 481; 39 CA 1; Id., 579; 42 CA 507; 44 CA 162; 45 CA 566. Evidence that defendant entered residence and stated he would be able to hit wife before police could arrive was sufficient to establish that at the time he entered dwelling, defendant intended to commit crime of assault. 99 CA 203.
Cited. 33 CS 706; Id., 750; 38 CS 407.
Subsec. (a):
Cited. 177 C. 140; 181 C. 254; 189 C. 461; 194 C. 665; 198 C. 369; 212 C. 50; 218 C. 447.
Cited. 4 CA 514; 7 CA 1; Id., 75; 8 CA 491; Id., 528; 9 CA 121; 13 CA 438; 14 CA 309; judgment reversed, see 212 C. 50; 15 CA 531; 17 CA 490; 24 CA 502; 35 CA 699; 44 CA 307.
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