California, United States of America
The following excerpt is from People v. Rome, 158 Cal.App.3d 307, 204 Cal.Rptr. 601 (Cal. App. 1984):
To the extent it suggests first degree burglary is not a separate offense with constituent elements, I believe People v. Scofield (1983) 149 Cal.App.3d 368, 196 Cal.Rptr. 812 is incorrect, although its result is right. In Scofield, defendant was convicted of first degree burglary, which then required nighttime entry. Defendant contended entry in the nighttime was a part of the corpus delicti and had to be proved by evidence independent of his confession.
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