State v. Brown
Supreme Court of South Carolina
Before Pressley, J., Spartanburg, January, 1890. Indictment against Ben Brown for burglary at common law and under the statute. The judge charged the jury as follows : Gentlemen of the Jury: If a door of a house have no other fastening than a latch, it is a breaking and entering to lift the latch. That law has been settled before our great-grandfathers were born, and continues that. So much for that.
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Before Pressley, J., Spartanburg, January, 1890. Indictment against Ben Brown for burglary at common law and under the statute. The judge charged the jury as follows : Gentlemen of the Jury: If a door of a house have no other fastening than a latch, it is a breaking and entering to lift the latch. That law has been settled before our great-grandfathers were born, and continues that. So much for that. Now, did the defendant lift the latch of that cotton house that night and steal part of that cotton, taking it out of one end of the house and putting it upon his own pile at the other end ? That…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice MoIver.
It appears from the record in this case that appellant was first put on trial under an indictment charging him in the first count with burglary by breaking into the dwelling house of one J. C. Nance, with intent to steal the goods of said J. C. Nance, and in the second count he was charged with burglary by breaking into the cotton house of said J. C. Nance, appurtenant to the dwelling house aforesaid, and within two hundred yards thereof. But when it appeared in evidence that the house was not the house of J. C. Nance, but was…
2Cited by9 opinions
- State ex rel. Grendell v. DavidsonOhio Supreme Court · 1999
- Carlton v. GrimesSupreme Court of Iowa · 1946
- Ryan v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. GraySupreme Court of Louisiana · 1952
- Moeller v. Wayne County Board of SupervisorsMichigan Supreme Court · 1937
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