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Too bad the kid doesn't have his act together. GREAT NAME
Maybe he hung with Colquitt?
by memphispete on Jul 1, 2009 6:08 PM EDT reply actions 0 recs
This one's got legs, my friends
The warrant says Cooter climbed through woman’s window on Franklin Station Way, stripped down to his underwear and got into bed with the woman Saturday, the WVLT story stated.
She called police and Cooter was arrested.
Cooter is charged with aggravated burglary.
…what did he steal, exactly?
Will - Rocky Top Talk
by Will on Jul 1, 2009 6:43 PM EDT reply actions 0 recs
It's been ten years . . .
. . . and I only studied criminal law for one semester, but if I recall correctly, burglary is generally defined as entering a dwelling at night with the intent to commit a felony therein. Doesn’t have to be stealing. And I’m going against my better advice and hitting publish before I check that.
Rocky Top Talk
by Joel on Jul 1, 2009 7:45 PM EDT up reply actions 0 recs
Well, not too bad
39-14-402. Burglary. —
(a) A person commits burglary who, without the effective consent of the property owner:
(1) Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault;
39-14-403. Aggravated burglary. —
(a) Aggravated burglary is burglary of a habitation as defined in §§ 39-14-401 and 39-14-402.
So the “aggravated” part is because it’s a house, and no, he didn’t have to intend to steal something.
Rocky Top Talk
by Joel on Jul 1, 2009 7:56 PM EDT reply actions 0 recs
learn something new every day…
Will - Rocky Top Talk
by Will on Jul 1, 2009 10:44 PM EDT up reply actions 0 recs
but the "burglary" part is still related to "felony, theft or assault", right?
the “aggravated” refers to it being a house. the “burglary” describes generally what happened.
Not clear on what “felony, theft or assault” Cooter allegedly performed at the house. And, frankly, don’t want to know – unless it’s just funny or stupid.
by memphispete on Jul 1, 2009 11:00 PM EDT up reply actions 0 recs
I would guess that the "intent" was enough.
Climbing into bed with a girl uninvited would seem to carry weight toward intent to assault at the very least.
But this is usually where I tune out of legal news until the final reports are out. Speculative reporting and lawyas are a bad, bad mix.
;-)
by Hooper on Jul 1, 2009 11:05 PM EDT up reply actions 0 recs
Most states have gotten rid of the common law "at night' element of burglary.
Though one still must know it for the MBE.
by kidbourbon on Jul 6, 2009 8:26 AM EDT up reply actions 0 recs
If this were a Gator site, they'd already know this legal stuff.
by memphispete on Jul 1, 2009 10:50 PM EDT reply actions 1 recs
amazing.
part of the Committee to Keep Keith Bulluck.
by Pride of the Southland on Jul 1, 2009 11:21 PM EDT up reply actions 0 recs
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