Legal Opinion

State v. Foster.

Supreme Court of North Carolina

Decided December 23, 1901Published

INDICTMUNT against Ben Foster, R. S. Gates, Harry Mills and Franls Johnston, beard by Judge Frederick Moore and a jury, at June (Special) Term, 1901,. of tire Superior Cburt of BüNCOMbj? County. From a verdict of guilty and judgment thereon, the defendants appealed.

1Opinion of the Court

FunciiES, O. J.

The defendants are indicted and convicted of burglary in the first degree. The facts are substantially as follows: D. J. McClelland is thei owner of a store at a place called “Emma,” a few miles from the, city of Ashe-ville, in the county of Buncombe. Samuel IT. Alexander is his clerk, and had been for more 'than three years boarding in the family of McClelland and sleeping in the store. There was a room in said store building, fitted up and furnished with a bed and other furniture as a sleeping apartment, in which said Alexander kept his trunk and other belongings, and slept…

2Cases cited5 opinions

  1. State v. . JenkinsSupreme Court of North Carolina · 1858
  2. State v. . OutlawSupreme Court of North Carolina · 1875
  3. State v. . DozierSupreme Court of North Carolina · 1875
  4. State v. . WilliamsSupreme Court of North Carolina · 1884
  5. State v. . PearsonSupreme Court of North Carolina · 1896

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