State v. McPherson
Supreme Court of North Carolina
INDICTMENT, for Burglary, tried at January Term, 1874, of of the Superior Court of Wake county, before his Honor, Waits, J. Tiie facts are stated in the opinion of Justice Reads. Defendants were convicted and appealed to this Court.
1Opinion of the CourtRbade, J.
Burglary, at common law, was the breaking and entering a dwelling house, in the night time, with intent to commit a felony. It was necessary to charge in the indictment, fregit el intravit — “broke and entered.” And so are all the precedents. And so is the indictment before us. And there was evidence tending to show that the prisoners did break and enter; and they were convicted by the jury. And yet they cannot be punished, because of error committed on the trial. It- was not left to the jury to say whether the prisoners did break and enter the house, but whether they broke out of the house.…
2Cited by4 opinions
- Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Stowell v. PeopleSupreme Court of Colorado · 1939
- Sample v. StateCourt of Special Appeals of Maryland · 1976
- Edwards v. StateCourt of Criminal Appeals of Texas · 1896