State v. . Mordecai
Supreme Court of North Carolina
Burglary, tried before Waits, J., at the January Term, 1873, of Wake Superior Court. The defendants were charged in the bill of indictment with breaking into the dwelling house of the prosecutor, and in another count with the larceny of a pair of shoes and other articles, alleged to have been taken from the house.
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Burglary, tried before Waits, J., at the January Term, 1873, of Wake Superior Court. The defendants were charged in the bill of indictment with breaking into the dwelling house of the prosecutor, and in another count with the larceny of a pair of shoes and other articles, alleged to have been taken from the house. The evidence as to the different counts,'and the objections taken to its admission by defendants, with the exceptions to the ruling of the Judge who tried the case in the Superior Court, are fully stated in the opinion of the Court. The jury returned a verdict of guilty. Rule for a…
1Opinion of the CourtBoyden, J.
In this case his Honor was requested to instruct the jury, “ first: That the storehouse in which the alleged burglary was committed was not, under the circumstances testified to, a dwelling house in contemplation of the law.” His Plonor refused the prayer and charged the jury, “ that if they believed the witnesses the house in which the alleged burglary was committed was a dwelling house in contemplation of the law.” The testimony upon the point was as follows: that the owner, the prosecutor Hicks, was sleeping in his store in the night of the alleged burglary; that he had slept there for…
Also in this document: Per curiam.
2Cited by8 opinions
- Springer v. City of ChicagoIllinois Supreme Court · 1891
- State v. AtkinsonSupreme Court of North Carolina · 1971
- McDonel v. StateIndiana Supreme Court · 1883
- State v. NewtonSupreme Court of Georgia · 2014
- State v. . JakeSupreme Court of North Carolina · 1864
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