Masenu s/o Butili v. R., Crim. App. 379-M-66; 7/3/67; Platt, J.
Accused broke a garage door, but before he could enter the building he was frightened away. He was convicted under Penal Code, section 296(1).
Held: (1) To establish the offence under this section the prosecution must prove: (a) a breaking and entering (b) into one of the buildings specified in the statute and (c) the commission of a felony therein. Accused did not dispute that a garage was within the specified types of building nor a commission of a felony therein. (2) A conviction of causing malicious property damage was substituted.
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