Brown v. State
Mississippi Supreme Court
From the circuit court of Warren county. FIon. George Anderson, Judge. Brown, the appellant, was indicted, tried, and convicted of burglary, and appealed to the supreme court. The opinion states the facts upon which the case was decided. This is a charge of burglary. The corpus delicti in such cases consists of two elements: (a) The breaking in, and (b) the intention of committing a crime. A breaking in without, intending to commit a crime is not burglary.
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From the circuit court of Warren county. FIon. George Anderson, Judge. Brown, the appellant, was indicted, tried, and convicted of burglary, and appealed to the supreme court. The opinion states the facts upon which the case was decided. This is a charge of burglary. The corpus delicti in such cases consists of two elements: (a) The breaking in, and (b) the intention of committing a crime. A breaking in without, intending to commit a crime is not burglary. A crime committed in a dwelling house or store, or an entering into a dwelling house or store with the intention of committing a crime,…
1Opinion of the CourtTruly, J.
Appellant was indicted for burglariously breaking and entering a storehouse with intent to commit larceny. The testimony for the state proved a breaking of the outer door, and that the cash drawers had been broken into. The intent to steal was reasonably predicable of these facts, and, even in the absence of *29positive evidence that anything was actually stolen, was sufficient proof of the corpus delicti to authorize the admission of the defendant’s confession.'
Affirmed.
2Cited by2 opinions
- Davis v. StateMississippi Supreme Court · 1935
- Ruffin v. StateMississippi Supreme Court · 1949