People v. Ah Ye

By the Court, Currey, C. J.:

The defendant was indicted by the name of John Doe, a Chinaman, under the statute passed in February, 1864, which reads as follows: “If any person shall, in the daytime, break and enter any dwelling house, shop, warehouse, store, mill, barn, stable, outhouse or other building, or wilfully and maliciously, by day, without breaking, enter the same with intent to steal, or to commit any felony whatever therein, every such person, upon conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one nor more than five years.” (Laws…