State v. . Potts
Supreme Court of North Carolina
INDICTMENT for Burglary, tried before Buxton, J., at Spring Term, 1876, of Cumberland Superior “Court. The prisoner’s counsel requested the Court to charge the-jury : “ That according to the evidence, they should in no-event convict the prisoner of the crime of burglary, for the reason that the store-house was not a dwelling house in the-sense contemplated by the law relating to burglary; nor was it a dwelling house of John Davis, for he did not occupy it himself.
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INDICTMENT for Burglary, tried before Buxton, J., at Spring Term, 1876, of Cumberland Superior “Court. The prisoner’s counsel requested the Court to charge the-jury : “ That according to the evidence, they should in no-event convict the prisoner of the crime of burglary, for the reason that the store-house was not a dwelling house in the-sense contemplated by the law relating to burglary; nor was it a dwelling house of John Davis, for he did not occupy it himself. Nor was it occupied by his clerk or servant, or by any member of his family or household, but merely by a person employed to sleep…
1Opinion of the CourtRodman, J.
There is no statute in North Carolina changing the common law definition of burglary, which is : The breaking and entering of the dwelling house of another in the night time, with intent to commit a felony therein. The question in this case is, was the house into which the prisoner broke and entered the dwelling house of the prosecutor, Davis ? The house belonged to Davis and was used as a store ; a small space was partitioned off from the store-room for a bed-room, and it had -been occupied as such regularly for about four years, either by Davis, or by some clerk, or other person by his…
2Cases cited1 opinion
- State v. . OutlawSupreme Court of North Carolina · 1875
3Cited by6 opinions
- State v. . JakeSupreme Court of North Carolina · 1864
- Brown v. StateIndiana Supreme Court · 1951
- State v. . WilliamsSupreme Court of North Carolina · 1884
- Giles v. CommonwealthCourt of Appeals of Virginia · 2008
- State v. WattsCourt of Appeals of North Carolina · 1985
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