State v. Frank

The opinion of the Court was delivered by

Watkins, J.

The sole question presented by this appeal, arises on a motion in arrest of judgment filed in the court below, and an assignment of error filed here. They are to the effect that the indictment does not charge the accused with breaking and entering a house which was at the time lawfully occupied, and, therefore, no judgment and sentence could be pronounced thereon for “ breaking and entering a dwelling-house in the night time, with intent to kill.”

The indictment charges that “ on or about the 1st of January, 1889, Eugene Frank, did…