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The Byers Case Summary

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In the Byers case, the victims, Joseph Ware and his wife, were in the process of moving from a house they had rented while living in Gary, Indiana. During the process of moving from their house in Gary, Byers had entered the house by removing an air conditioner from a window, and after being reported by a neighbor of the Ware’s, was then arrested and charged with a Class B burglary charge. After being charged with a Class B burglary, Byers appealed his conviction stating that since the Wares were moving out of the house and was not sleeping there, the house had lost its status as a dwelling. The State counters that while the Wares were moving from the house, they still retained their right of domain and it was clear that they had intended

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