People v. Cosme Vargas

96 P.R. 815
CourtSupreme Court of Puerto Rico
DecidedJanuary 28, 1969
DocketNo. CR-67-76
StatusPublished

This text of 96 P.R. 815 (People v. Cosme Vargas) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cosme Vargas, 96 P.R. 815 (prsupreme 1969).

Opinion

Mr. Justice Rigau

delivered the opinion of the Court.

This is a case of burglary in the first degree. Appellant was caught stealing, at nighttime, in the warehouse of a hardware store. The hardware store has the shop in front and the warehouse in the rear. The warehouse is walled on three sides, the back is open, it has a roof, and a great amount of merchandise is kept there. The warehouse is surrounded by a seven-foot fence plus two or three feet of barbed wire. Said fence has a gate giving access to that place. Appellant was convicted in the trial court.

Appellant was specifically accused of entering during the nighttime and with the criminal intent to commit larceny “into the building where the warehouse of the corporation, Comercial Antillana, Inc., is located.” (Italics ours.)

On appeal he assigns four errors. In the first assignment he alleges that the trial court erred in understanding that the building where appellant entered was one of those protected by § 408 of the Penal Code. He argues that in order to commit burglary the building entered must have four walls, and that the warehouse where he entered has only three walls, a roof, and a fence.

We do not agree. Section 408 of the Penal Code, 33; L.P.R.A. § 1591 reads as follows:

“Every person who enters any house, room, apartment, tenement, shop, warehouse, store, barn, stable, outhouse, or other building, tent, vessel or car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary.”

[818]*818He cites the case of People v. Gibbons, 273 Pac. 32 (1928), per curiam opinion written forty years ago, where his contention herein was decided. Gibbons contains a well-reasoned dissenting opinion where it is alleged, correctly in our opinion, that the fact that one side of the building was left open for convenience does not remove the structure from the definition of a building. That dissenting opinion is then praised in an article which deals with the matter with the benefit of greater composure and after a broader investigation at the university level. See McCormac, Development of the Law of Burglary in California, 25 So. Cal. L. Rev. 75, 82 (1951).

Originally, in Anglo-Saxon common law, burglary consisted in entering a dwelling at nighttime with the intent to commit an offense, Stowell v. People, 90 P.2d 520, but the offense of burglary has been redefined and enlarged many times both by judicial interpretation as well as by legislation.1 In Puerto Rico said offense is, as it is known, statutory. Our statute does not contain a definition of the word building, nor of the word warehouse.2 After all, it is assumed that the courts know what constitutes a building as well as a warehouse, for any adult knows that. We do not have to elaborate much in order to show that not all the buildings must have four walls and a roof. That definition comes from ancient times when architecture was simple and did not change much. Today that is not the case.

The number of walls, of the burglarized building, is not an essential element of the offense of burglary. The elements of that offense in Puerto Rico are (1) entry, (2) into one of the places specified in the statute, and (3) with [819]*819the intent to commit grand or petit larceny, or any felony.-

In order to show that the position assumed by appellant' is incorrect, some examples suffice. For instance, if the entry and the larceny are committed in a building of five walls and a roof, is it not burglary? And if it is committed in. a silo which is a cylindrical structure and which has only one wall around? And if it is committed in a tetrahedron, which is a building in the form of a pyramid, and which has four walls but no roof? And if it is committed in a building of a conical form, in which case there is only one circular wall and no roof? And if it is committed in a quonset hut which has a semi-cylindrical form?

In point of fact all those are buildings, products of architecture, and in all of them burglary may be committed if there is the entry with the intent to commit grand or petit larceny, or any felony. The purpose of the statute is not to protect some kind of building and not others (for example, to protect buildings having four walls, but not those having three or five walls) but it is to protect the life and property.

But even though we were to assume a very literal position, we could not agree with appellant since our statute defines burglary as the entry (with the intent to commit larceny) into a “warehouse” or “other building,” and appellant was accused of entering “the building where the warehouse of the corporation Comercial Antillana is located.” Appellant entered a building and a warehouse, since that building was utilized by its owners as a warehouse.

The narrow doctrine of the Gibbons case, swpra,-example of a formalistic and archaic juridical approach, has been overridden. Nowadays it is considered that a building is any structure made or devoted to shelter persons or. animals or to keep things; that a house or dwelling is a [820]*820place where people live or may live and that a warehouse is any structure where property is kept or may be kept.

In People v. Wilson, 182 N.E.2d 683 (1962) it was held that burglary in the first degree was committed when the defendant entered an auto repair shop, one of the sides of which was open and access could be had without opening or breaking any door. In identical sense see People v. Gillespie, 176 N.E. 316 (1931).

In Anthony v. State, 207 S.W.2d 84 (1948) it was held that a building the first floor of which had no doors and was entirely open is a building and conviction was sustained.

In State v. Davis, 373 P.2d 128 (1962) the statute included, as in Puerto Rico, buildings among the structures which could be object of burglary. Appellant burglarized a cigar stand. This stand consisted of a structure very common in the streets of the United States utilized to sell cigarettes or magazines or candy. It is a small booth or stand with wooden walls on three sides, with a roof and open towards the sidewalk. At night it is closed with a canvas which serves as a parasol during the daytime. The court concluded that that structure was a building and it sustained the conviction.

It has also been held that a stand or booth for the sale of popcorn mounted on wheels, is a building where burglary may be committed. People v. Burley, 26 Cal. App.2d 213.

The entry need not be complete; it is not necessary that all of the body of the burglar enter the building or house burglarized. It has been held that in order to commit burglary it suffices that the thief introduce a hand or an arm into the house or building. People v. Soriano Rodríguez, 92 P.R.R. 44, 47 (1965), and cases cited therein; see also, 25 So. Cal. L. Rev. 85 and cases cited therein.

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Related

State v. Davis
373 P.2d 128 (Washington Supreme Court, 1962)
People v. Burley
79 P.2d 148 (California Court of Appeal, 1938)
The People v. Wilson
182 N.E.2d 683 (Illinois Supreme Court, 1962)
People v. Gibbons
273 P. 32 (California Supreme Court, 1928)
Stowell v. People
90 P.2d 520 (Supreme Court of Colorado, 1939)
The People v. Gillespie
176 N.E. 316 (Illinois Supreme Court, 1931)
Carleton v. State
163 N.E. 311 (Ohio Court of Appeals, 1927)
Anthony v. State
207 S.W.2d 84 (Court of Criminal Appeals of Texas, 1947)

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96 P.R. 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cosme-vargas-prsupreme-1969.