Pinson v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District, Daniel Hon, Judge; STATEMENT BY THE COURT. Appellant was convicted on an indictment which charged that he “oti the 23rd day of February, 1909, about the hour of two o’clock in the night time of said day, unlawfully, feloniously, and burglariously, and with force did enter the store house of J. D. Broyles, with the intent then and there to commit a felony, towit: grand larceny of the goods and property of J. D.…
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Appeal from Sebastian Circuit Court, Fort Smith District, Daniel Hon, Judge; STATEMENT BY THE COURT. Appellant was convicted on an indictment which charged that he “oti the 23rd day of February, 1909, about the hour of two o’clock in the night time of said day, unlawfully, feloniously, and burglariously, and with force did enter the store house of J. D. Broyles, with the intent then and there to commit a felony, towit: grand larceny of the goods and property of J. D. Broyles.” There was testimony tending to. prove that appellant in company with two others went into the saloon of Broyles after…
1Opinion of the CourtWood, J.
(after stating the facts.) It is unnecessary to discuss seriatim the objections of appellant to the rulings of the court. It suffices to say we find no reversible error in any of them. The most important question in the case, as conceded by appellant’s counsel, is whether one who enters a store house, occupied as a saloon, in the night time, with intent formed in his mind before or at the very time he enters to commit a felony, can be guilty of burglary where the house he enters is open for business, and the entry is through the open door during business hours, and without any apparent fraud…
2Cases cited3 opinions
- People v. BarryCalifornia Supreme Court · 1892
- People v. BrittainCalifornia Supreme Court · 1904
- Clarke v. CommonwealthSupreme Court of Virginia · 1874
3Cited by14 opinions
- State v. KeysOregon Supreme Court · 1966
- State v. OrtizNew Mexico Court of Appeals · 1978
- State v. BullIdaho Supreme Court · 1929
- People v. SchnellerAppellate Court of Illinois · 1966
- State v. ThibeaultSupreme Judicial Court of Maine · 1979
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