State v. Rooney
Annotate this CaseAfter a jury trial, Defendant was convicted of third-degree burglary for entering a soon-to-be demolished, dilapidated house to obtain scrap metal. Defendant appealed, arguing (1) the evidence was insufficient to support the jury’s conclusion that he entered an occupied structure, (2) the district court erred in submitting the adopted-for-overnight-accommodation and the used-for-the-storage-or-safekeeping-of-anything-of-value alternatives defining occupied structure to the jury; and (3) the district court erred in overruling his motion for mistrial based on alleged prosecutorial misconduct during closing argument. The court of appeals affirmed. The Supreme Court reversed the conviction, holding that the evidence was insufficient to support a conviction for burglary.
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