Legal Opinion

State v. . McBryde

Supreme Court of North Carolina

Decided February 5, 1887PublishedCited by 44 opinions

Indictment, tried before Gilmer, Judge, and a jury, at August Term, 1886, of Robeson Superior Court. This was an indictment for entering the dwelling-house of one J. A. Hornaday in the night time, otherwise than by a burglarious breaking, to wit: through an open window, with a felonious intent.

Read the full summary

Indictment, tried before Gilmer, Judge, and a jury, at August Term, 1886, of Robeson Superior Court. This was an indictment for entering the dwelling-house of one J. A. Hornaday in the night time, otherwise than by a burglarious breaking, to wit: through an open window, with a felonious intent. There were two counts in the indictment, the first charging the entry to have been with intent to steal the goods of J. A. Hornaday, and the second with intent to commit a rape upon Mary E. McQuagin. The State introduced the said Mary as a witness, who testified in substance, that on the 22d clay of…

1Opinion of the Court

(S. v. Patterson, 78 N.C. 470; S. v. Rice, 83 N.C. 663; S. v. Massey,86 N.C. 660; cited and approved; S. v. Boon, 13 Ired., 244; S. v. Haynes,71 N.C. 79; commented on.)

(S. v. McDaniel, 1 Winst., 249; cited in the dissenting opinion.) This was an indictment for entering the dwelling-house of one J. A. Hornaday in the night time, otherwise than by a burglarious breaking, to wit: through an open window, with a felonious intent.

There were two counts in the indictment, the first charging the entry to have been with intent to steal the goods of J. A. Hornaday, and the second with intent to commit a…

2Cases cited3 opinions

  1. State v. . MasseySupreme Court of North Carolina · 1882
  2. State v. . PattersonSupreme Court of North Carolina · 1878
  3. State v. . RiceSupreme Court of North Carolina · 1880

3Cited by44 opinions

  1. State v. AccorSupreme Court of North Carolina · 1970
  2. Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
  3. State v. SweezySupreme Court of North Carolina · 1976
  4. State v. SimpsonSupreme Court of North Carolina · 1981
  5. State v. BrownSupreme Court of North Carolina · 1965

39 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API