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If the State proves the following four things, then the jury must find the defendant guilty of felonious breaking and entering. First, that there was entry by the defendant. Second, that it was a building that was broken or entered. Third, that the owner or tenant did not consent to the entering. And fourth, that at the time of the entering, the defendant intended to commit some specific felony. The State proves only three of the four things just listed. Therefore, the jury must find the defendant not guilty of breaking and entering.
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