Ramadhani s/o Masudi v. R., Crim. App. 851-D-66; 10/1/67; Otto, J.

Ramadhani s/o Masudi v. R., Crim. App. 851-D-66; 10/1/67; Otto, J.

Accused allegedly pleaded guilty to a charge of housebreaking (P. C. s. 294 (1) ). In his plea, he admitted breaking and entering the room of a friend, but said that he had not intended to steal anything. The agreed facts showed that the accused was found inside the place and that the padlock had been broken.

            Held: (1) Neither the facts nor the plea disclosed any intent on the part of the accused to commit a felony in the dwelling place; therefore, the crime of housebreaking was not established. (2)Because the plea did not disclose felonious intent, it was equivocal, and therefore could not be given any weight.