The Elements of the crime of burglary are:

The breaking (a forceable entry)

and entering

the dwelling of another

at night

with the intent to commit a felony therein

The elements of larceny are: The wrongful carrying away of another's property with the intent to permanently deprive them of it.

Using the elements of the crime of burglary as set forth above, determine whether or not burglary was in the below fact pattern.

1. Your Uncle Ben is a really funny fellow and makes everyone laugh all the time. But, Uncle Ben also has a dark side. One night after closing, he decides to pry the door open to the "George's Gags & Gifts Shop" and steal a box of red, clown wigs. Is Uncle Ben committing burglary? Explain your answer with specificity as to the elements of burglary.

2. Uncle Ben is really pushing the limits. The same week he breaks into George's Gags & Gifts Shop he pulls this stunt. He strolls into" Aunt Linda's Coffee House" and orders an extra dry, vanilla cappuccino. When Aunt Linda isn't watching him, he reaches into the sugar bowl and grabs as many packets of sugar he can and stuffs them into his pockets. He sees the sign that says, "Please take one sugar only," but he totally disregards it. Is this burglary? If not, do you think it may qualify as another crime? Explain your answer, with specificity as to the elements of the potential crimes