STATE V. MANN
628 P.2d 61 (Ariz. 1981)
NATURE OF THE CASE: This was an appeal from a burglary conviction.
FACTS: Mann (D) was arrested for removing clothing from a Salvation Army collection box. D did this by reaching into the unlocked chute of a collection box. The metal box was six feet high, four feet deep, and four feet wide. D was convicted under an Arizona statute which provided that a person commits burglary in the third degree by entering a nonresidential structure with the intent to commit theft. 'Structure', under Arizona law, was statutorily defined as any place with sides and a floor used for storage. The trial court instructed the jury that the box was a structure. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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