State v. . Christmas
Supreme Court of North Carolina
INDICTMENT, tried before Avery, J, at September Term, 1888, of the Superior Court of W ake County. The indictment charged the defendant with feloniously entering the dwelling house of T. B. Lyman, in the day time, with intent to steal “the goods, chattels and money of him, the said T. B. Lyman, and also the goods, chattels and money of Anna M. Lyman, in the said dwelling house then and there being,” &c.
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INDICTMENT, tried before Avery, J, at September Term, 1888, of the Superior Court of W ake County. The indictment charged the defendant with feloniously entering the dwelling house of T. B. Lyman, in the day time, with intent to steal “the goods, chattels and money of him, the said T. B. Lyman, and also the goods, chattels and money of Anna M. Lyman, in the said dwelling house then and there being,” &c. The following is a summary statement of so much of the case on appeal as is necessary to a proper consideration of the exceptions to the ruling of the Court below: Miss Lancashire, a witness…
1Opinion of the CourtDavis, J.
(after stating the case.) The motion in arrest of judgment was upon the ground that the bill charged two distinct offences, to-wit: “ The intent to steal the goods, chattels and money of T. B. Lyman, and also with intent to steal the goods, chattels and money of Mrs. Anna W. Lyman.”
The indictment is under section 996 of The Gode, and the entering the house “ with intent to commit a felony or other infamous crime therein,” constitutes the gravamen of the charge. He was not charged with larceny. The offence charged is the felonious entering the dwelling house with intent to steal, and if that…
2Cases cited4 opinions
- State v. . WhiteSupreme Court of North Carolina · 1883
- State v. . PowellSupreme Court of North Carolina · 1886
- State v. . TytusSupreme Court of North Carolina · 1887
- State v. . WilkersonSupreme Court of North Carolina · 1875
3Cited by18 opinions
- State v. BoydSupreme Court of North Carolina · 1975
- State v. . CalcuttSupreme Court of North Carolina · 1941
- State v. . BrabhamSupreme Court of North Carolina · 1891
- State v. . BridgersSupreme Court of North Carolina · 1916
- State v. CalcuttSupreme Court of North Carolina · 1941
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