State v. . Boon
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Sampson. County, at the Spring Term 1852, his Honor Judge Ellis presiding. The prisoner was indicted for a burglarious entry into the dwelling house of one John Owen, in the county of Sampson. The indictment contained two counts. In the one, it was alleged, that the intent was to commit a rape upon Sarah Ann, the daughter of said Owen; and in the other, to commit a rape upon Sarah Eliza Owen, the grand-daughter of said Owen.
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Appeal from the Superior Court of Law of Sampson. County, at the Spring Term 1852, his Honor Judge Ellis presiding. The prisoner was indicted for a burglarious entry into the dwelling house of one John Owen, in the county of Sampson. The indictment contained two counts. In the one, it was alleged, that the intent was to commit a rape upon Sarah Ann, the daughter of said Owen; and in the other, to commit a rape upon Sarah Eliza Owen, the grand-daughter of said Owen. Sarah Ami swore, that she retired early to bed in a shed room of the dwelling house of her father’, in company with her neice,…
1Opinion of the CourtPeaeson, J.
The exception, in reference to the breaking, is settled against the prisonér by the authorities. Passing- an imaginary line is a “ breaking of the close,” and will sustain an action of Trespass quare clausum fregit. In Burglary more is required — there must be a breaking, removing, or putting aside of something material, which constitutes a part of the dwelling house, and is relied on as a security against intrusion. Leaving a door or window open shows such negligence and want of proper care, as to forfeit all claim to the peculiar protection extended to dwelling houses. But, if the door or…
2Cited by16 opinions
- State v. . AllenSupreme Court of North Carolina · 1923
- State v. TippettSupreme Court of North Carolina · 1967
- Pumphrey v. StateSupreme Court of Alabama · 1908
- State v. FreemanSupreme Court of North Carolina · 1985
- State v. WorthamCourt of Appeals of North Carolina · 1986
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