State v. . Johnson

SCHENCK, J., joins in concurring opinion.

This is a criminal action. The bill of indictment by the grand jury, upon which defendant was tried, was for burglary in the first degree. The jury returned a verdict of guilty of burglary in the first degree. Judgment of the court below was death by asphyxiation.

The evidence was to the effect: That Ruth Currie and her husband, Fred L. Currie, were living in a house alone in Pembroke, N.C. facing on the Lumberton-Charlotte Highway. Their nearest neighbors were Mrs. Cooke, who lived on the right, and Mr. and Mrs. Wiggins, in front and across the…