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Criminal law — housebreaking with intent to steal — unlawfulness of breaking — unlawful breaking can be committed by person who has right to enter but for limited purposes.
Where an accused person has an unlimited and unrestricted right to enter and to be in premises he is alleged to have unlawfully broken into, he cannot be convicted of unlawfully breaking and entering those premises. If he has no such right, he is properly guilty of unlawfully breaking and entering should he do so with a criminal intent. There is an intermediate situation, where the accused has the right to "break" and enter premises, not for all purposes, but at certain times and in pursuit of a specific duty or function. If he breaks and enters at another time for an improper purpose in no way connected with his lawful duties, he may properly be convicted of house breaking with an unlawful intent.
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