People v. . Smith

Hiscock, Ch. J.:

On ample evidence we must assume that the jury found that the defendant broke into the store of one Johnson under circumstances which constituted the crime of burglary in the third degree; that by means of a burglar alarm the proprietor was advised of what was occurring and that he and his son, armed with firearms, quickly proceeded to the store, where they found the defendant still engaged in the commission of his crime; that the latter under threats of death surrendered and the proprietor and his son took him into actual custody, searching him and taking from his possession…