Legal Opinion
State v. Ferebee
Supreme Court of South Carolina
Decided July 17, 1979No. 21006PublishedCited by 8 opinions
1Opinion of the Court
Rhodes, Justice:
The appellant, Milton Ferebee, was arrested for breaking and entering a vacant apartment in North Charleston and was subsequently convicted of burglary. On appeal, he complains that his conviction was contrary to law on the ground that the unoccupied apartment did not constitute a “dwelling house” as defined by the law of burglary. We agree and reverse.
The crime of burglary is the breaking and entering of a dwelling house of another in the night time with the view to commit a felony. State v. Clamp, 225 S. C. 89, 80 S. E. (2d) 918, 924 (1954). A “dwelling house”, for the…
2Cases cited6 opinions
- Smith v. StateSupreme Court of Florida · 1920
- State v. ClampSupreme Court of South Carolina · 1954
- Poff v. StateCourt of Special Appeals of Maryland · 1968
- State v. SteadmanSupreme Court of South Carolina · 1972
- Arnold v. StateCourt of Special Appeals of Maryland · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. CardonaCalifornia Court of Appeal · 1983
- Rash v. CommonwealthCourt of Appeals of Virginia · 1989
- State v. ScarberryWest Virginia Supreme Court · 1992
- Wallace v. StateCourt of Special Appeals of Maryland · 1985
- State v. GlennSupreme Court of South Carolina · 1988
3 more not listed; retrieve them via the Exa API.