State v. Alexander

It is contended, by the defendant in this case, that the judg ment is erroneous because the indictment was for burglary in the first degree, and the evidence all tended to show that he was guilty of that offense, if any, but that the conviction was for burglary in the second degree and also for larceny. The indictment charged, that the defendant' “ with force and arms, about the hour of one of the clock in the night of the same day, the dwelling house of one Clemens Harig, there situate and being, and in which there was at the time a human being, feloniously and burglariously, did forcibly…