E. F. GRIFFIN, TRADING AS E. F. GRIFFIN & COMPANY, PLAINTIFF IN ERROR,

v.

F. J. HENDERSON, DEFENDANT IN ERROR

Citator

Cited By (13 total)

• RAY v. State, 522 So. 2d 963 (Fla. 3d DCA 1988)
  …. The definition of burglary at common law included breaking and entering with the intent to commit a felony. Burglary was thus conceived of as an invasion of the right of habitation or of the possessory property rights of another. Cannon v. State, 102 Fla. 928, 136 So. 695 (1931); State v. Hicks, 421 So. 2d 510 (Fla. 1982). The breaking requirement — that is, "the actual or constructive use of some force against a part of a building in effecting an unconsented entry,” State v. High, 281 So. 2d 356, 357 (F…
• Holzapfel v. State, 120 So. 2d 195 (Fla. 3d DCA 1960)
  …materials in question, which were small arms, were the property of a Latin American revolutionary movement. The law is well settled that the offense of breaking and entering involves an invasion of the possessory rights of another. Cannon v. State, 102 Fla. 928, 136 So. 695; Smith v. State, 96 Fla. 30, 117 So. 377; Presley v. State, 61 Fla. 46, 54 So. 367. It thus appears that a possessory right in the premises, which the defendant is charged with breaking and entering, was not sufficiently established. I…
• I. v. Anderson, 356 So. 2d 382 (Fla. 3d DCA 1978)
  …ssential elements of the crime of burglary relevant here is that the burglarized structure or conveyance must be that of another; that is, it must be lawfully possessed at the time of the offense by someone other than the defendant. Cannon v. State, 102 Fla. 928, 136 So. 695 (1931). The courts have often called this element “ownership” which has been defined as a word of art to mean “any possession which is rightful as against the [*385] burglar,” Addison v. State, 95 Fla. 737, 741, 116 So. 629, 630 (1928);…

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