CLADD V. STATE
398 So.2d 442 (1981)
.

FACTS: Cladd (D) and his wife had been separated for six months. D had no ownership or possessory interest in his wife's apartment and had at no time lived there. D broke into the locked apartment with a crowbar, struck her, and attempted to throw her over the second floor stair railing. D again attempted to break into her apartment the next morning but left when police arrived. D was charged with attempted burglary and burglaty. D admitted the acts but asked the court to dismiss the case because the victim was his wife and he was licensed or invited to enter her apartment. The trial court dismissed the charges. The Appeals court reversed.

ISSUE: Does the marital relationship and the right of consortium between a husband and wife preclude the state from establishing a nonconsensual entry for the crime of burglary?

RULE: The marital relationship and the right of consortium between a husband and wife do not preclude the state from establishing a nonconsensual entry for the crime of

HOLDING AND DECISION: (Alderman, Justice) No. Burglary is an invasion of the possessory rights of another. "When premises are in the sole possession of a wife the husband can be guilty of burglary if he makes a nonconsensual entry into her premises with intent to commit an offense. Under these facts, D's estranged wife was in possession of the premises into which D broke into with intent to assault her. The dismissal of the charges against D was not proper.