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ROGERS v. S.C. PAROLE & COMM. CORRECTIONS11/27/1995
204, 379 S.E.2d 133 (1989). It makes no difference whether the home was owned by Doris or the Respondent individually, housebreaking is a crime against possession rather than property. State v. Miller, 225 S.C. 21, 80 S.E.2d 354 (1954).
There having been a specific threat, a manifested propensity to violate the sanctity of one's home, State v. Brooks, 277 S.C. 111, 283 S.E.2d 830 (1981), directed at a specific individual, Doris and her family, Rogers v. S.C. Dept. of Mental Health, 297 S.C. 363, 377 S.E.2d 125 (Ct.App. 1989), the existence of the legal duty of care was established in this case; and it then became questions of fact for the trier of fact to determine "whether the defendant failed to observe the standard of care required by law" and "whether conduct proximately caused damage to the plaintiff." Sharpe v. S.C. Dept. of Mental Health, supra, 354 S.E.2d at 781 (Bell, J., concurring).
I would affirm.
TOAL, Justice:
ALEXANDER S. MACAULAY, Acting Associate Justice, concurring and dissenting:
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