Minter v. State
Supreme Court of Arkansas
Appeal from Phillips Circuit Court'. Hance N Hutton, Judge. The variation in the allegation and proof is fatal. 1 Bish. Cr. Pro. §§ 488, 582, 584; 2 Whar. Cr. L. § 1610; 1 Bussell, Cr. 826. An attempt to break into a house does not constitute burglary. 49 Ark. 516; 25 Ark. 44. The allegation as to ownership was proper. 115 111. 17; 68 Iowa 611; 69 Ind. 159; 38 Ga., 165; 35 Fla. 171; 33 Tex.
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Appeal from Phillips Circuit Court'. Hance N Hutton, Judge. The variation in the allegation and proof is fatal. 1 Bish. Cr. Pro. §§ 488, 582, 584; 2 Whar. Cr. L. § 1610; 1 Bussell, Cr. 826. An attempt to break into a house does not constitute burglary. 49 Ark. 516; 25 Ark. 44. The allegation as to ownership was proper. 115 111. 17; 68 Iowa 611; 69 Ind. 159; 38 Ga., 165; 35 Fla. 171; 33 Tex. Cr. 504; 20 Wis. 630; 66 Ark. 65; Sand. & H. Dig. §§ 2076, 2080, 2089. A sufficient “breaking” was proved. Sand. & H. Dig. § 1494; 81 la. 93;. 38 Kan. 50; Bish. Stat. Cr. § 312.
1Opinion of the CourtBiddick, J.
The defendant, Jeff Minter, was tried and convicted on an indictment charging him with having committed the crime of burglary by breaking into the store house of Wooten & Agee, with the intent to commit a felony. No objection is made to the indictment, but it is contended that the evidence does not show that any crime was committed. The facts are that a night watchman on a night in July saw a man whom he believed to be the defendant- standing at the window of the store of Wooten & Agee. When the watchman approached, the man ran away, and the watchman examined the window, and found that two…
2Cases cited1 opinion
- State v. McCallSupreme Court of Alabama · 1843
3Cited by13 opinions
- People v. ValenciaCalifornia Supreme Court · 2002
- Link v. StateIndiana Supreme Court · 1953
- Ingle and Michael v. StateSupreme Court of Arkansas · 1947
- Mouser v. StateSupreme Court of Arkansas · 1949
- McCarthy v. StateSupreme Court of Arkansas · 1909
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