What is the test for establishing that entry sufficient to establish a burglary has occurred?
California, United States of America
The following excerpt is from People v. Davis, 18 Cal.4th 712, 76 Cal.Rptr.2d 770, 958 P.2d 1083 (Cal. 1998):
The most commonly recognized test for determining whether an entry sufficient to establish a burglary has occurred is to ascertain whether the defendant, or any tool or instrument wielded by the defendant, has crossed [18 Cal.4th 729] the outer boundary of the "airspace" of the structure or premises. (People v. Ravenscroft, supra, 198 Cal.App.3d 639, 243 Cal.Rptr. 827 (Ravenscroft ).)
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