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Criminal Law Keyed to Kennedy
State of Maine v. Dale Thibeault
Citation:
402 A.2d 445 (1979)Facts
On December 9, 1977, the defendant entered an apartment leased by David and Debbie Gardner with the intent to take with certain valuables. At trial, the defendant called David Gardner to the stand. Gardner testified that he had been friendly with the defendant for several years and that prior to the December 9th incident, he had given the defendant blanket permission to enter his apartment at any time. On cross-examination, Gardner stated that he had not given the defendant permission to remove any property from the apartment.
The jury was told that they must decide whether or not from all the testimony, from all the facts, and under the law whether or not the Defendant, in whatever condition he was, knew that he was not licensed or privileged when he went in those premises to commit the crime of theft. He was convicted of burglary.
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