State v. Anselm

The opinion of the court was delivered by

Watkins, J.

The State is appellant from a judgment of the District Judge sustaining defendant’s motion in arrest of judgment, on the ground that the information is wanting in essential averment.

It charges the defendant with burglary, alleging that he “ did feloniously and burglariously break and enter the store house of Arthur Yeltin with intent to steal,” etc., but without alleging that he burglariously entered said store house either “ in the day time ” or “ in the night time.”

The information was evidently framed under the provisions of Revised…