· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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