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· 3/26/1999

Del Carmen Molina v. Immigration & Naturalization Service

Citations

  • 170 F.3d 1247
  • 99 Cal. Daily Op. Serv. 2199
  • 1999 U.S. App. LEXIS 5225

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the defendants act of looking through kitchen cupboards and drawers was sufficient for a jury to conclude the defendant entered with the intent to commit theft
  • holding that breaking and entering followed by opening cupboards and drawers with no evidence of anything being taken was enough to support the specific intent to commit theft
  • stating that evidence that the defendant had been in the church kitchen and opened several cupboards and drawers while there permitted a reasonable inference of his felonious intent at the time of entry
  • “[p]ermitting the felonious intent element to be inferred from the inference of breaking and entering would render the intent element meaningless and read it out of the statute”
  • emphasis in Court of Appeals of Indiana | Memorandum Decision 49A02-1605-CR-1156 | January 31, 2017 Page 24 of 29 original
  • emphasis in Court of Appeals of Indiana | Memorandum Decision 27A02-1706-CR-1243 | February 21, 2018 Page 9 of 18 original

Source: CourtListener parenthetical corpus (CC0).

Judges: Boochever, Hawkins, Pregerson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.