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):
That approach serves common sense. It is in accord with the established notion that first degree murder is a distinct crime, usually requiring a specific intent to kill as an element of the offense. (See People v. Gorshen (1959) 51 Cal.2d 716, 732-733, 336 P.2d 492.)
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I agree with the majority that the elements of a crime consist of those acts forbidden by the defining statute. In my view, entry of an inhabited dwelling house is one necessary element of the crime of first degree burglary. Thus, for example, one cannot commit the crime of first degree burglary by entering an uninhabited dwelling (People v. Cardona (1983) 142 Cal.App.3d 481, 191 Cal.Rptr. 109) or even an inhabited boat. Section 460 says the crime is committed only where one burgles an inhabited dwelling house or trailer coach or the inhabited portion of any other building. Entry of one of these described structures is therefore a necessary element of the offense.
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