State v. . Fleming
Supreme Court of North Carolina
This was an Indictment for Burglary, tried before- Womack, J., at September Term, 1890, of the Superior Court of Pitt County. Miss Denby James, a daughter- of the prosecutor, was sworn and examined on the part of the State, and was the only witness who testified as to any facts with reference to the closing or fastening or condition of the doors, windows, etc., of the dwelling-house specified in the indictment, on the night of the alleged burglary.
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This was an Indictment for Burglary, tried before- Womack, J., at September Term, 1890, of the Superior Court of Pitt County. Miss Denby James, a daughter- of the prosecutor, was sworn and examined on the part of the State, and was the only witness who testified as to any facts with reference to the closing or fastening or condition of the doors, windows, etc., of the dwelling-house specified in the indictment, on the night of the alleged burglary. Her evidence on this point was as follows: “Some one opened the blinds and went in mother’s room where the children were, and then came through…
1Opinion of the Court
Clark, J.:
The charge of the Court as to what would be a sufficient “breaking” is fully sustained by the precedents. If a door or window is firmly closed, it is not necessary that it should be bolted or barred. State v. Boon, 13 Ired., 244; Whart Cr. Law, §§ 759 and 767, and cases cited. Take the case of raising a window not fastened, although there was a hasp which could have been fastened (Reg v. Hyams, 7 Car. & P., 441, and State v. Carpenter, 1 Houston (C. C.), 367); or where the prisoner, by raising or pulling down the sash, kept in its place merely by pulley-weight (Rex v. Haines, Russ &…
2Cases cited5 opinions
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- State v. ReidSupreme Court of Iowa · 1866
- State v. . Chaney WiseSupreme Court of North Carolina · 1872
- Hild v. StateSupreme Court of Alabama · 1880
- State v. . HalfordSupreme Court of North Carolina · 1889
3Cited by33 opinions
- State v. . SmithSupreme Court of North Carolina · 1931
- State v. PerrySupreme Court of North Carolina · 1977
- State v. . RatcliffSupreme Court of North Carolina · 1930
- State v. . AlstonSupreme Court of North Carolina · 1893
- State v. . MorrisSupreme Court of North Carolina · 1939
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