State v. Jones
Supreme Court of Iowa
Appeal from Scott District Court. The indictment charges that the defendant on, &c., at &c., “ about the hour of two o’clock on the night of the same day, with force and arms, at and in the City of Davenport, in the county of Scott, aforesaid, the dwelling house of Geo. IT.
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Appeal from Scott District Court. The indictment charges that the defendant on, &c., at &c., “ about the hour of two o’clock on the night of the same day, with force and arms, at and in the City of Davenport, in the county of Scott, aforesaid, the dwelling house of Geo. IT. French, there situated, feloniously and burglariously did break and enter, with intent, the goods chatties and property of the said French, in the said dwelling house then and there being, then and there feloniously and burglariously to steal, take and carry away.” The defendant was convicted upon this indictment, and on…
1Opinion of the CourtStocktoN, J.
The question to be determined is whether the indictment should have charged that the offense that the defendant intended to commit was a felony; in other words whether it should have charged that the defendant broke and entered the house with intent to steal, take and carry away goods, &c;, of greater value than twenty dollars. We are of opinion that the indictment is sufficient as it' is, and need not allege more than that the defendant intended to commit a larceny.
*208At common law the intent to commit a felony was necessary to constitute the offense of burglary; .but under our statute the…
2Cited by7 opinions
- State v. WatsonSupreme Court of Iowa · 1897
- State of Iowa v. David Howard RooneySupreme Court of Iowa · 2015
- State v. LuceSupreme Court of Iowa · 1922
- Amended June 26, 2015 State of Iowa v. David Howard RooneySupreme Court of Iowa · 2015
- State of Iowa v. David Howard RooneySupreme Court of Iowa · 2015
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