State v. . Halford
Supreme Court of North Carolina
Indictment — Arrest of Judgment — Amendatory Statute— Burglary — Felonious Intent. Indictment for Burglary, tried at Spring Term, 1889, of Rutherford Superior Court, Clark, J., presiding. The indictment charged the prisoners with the crime of burglary of a dwelling-house. Thej* severally pleaded not guilty. On the trial of this plea, the jury rendered a verdict of guilty. They moved in arrest of judgment, assigning as cause that referred to in the opinion of the Court.
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Indictment — Arrest of Judgment — Amendatory Statute— Burglary — Felonious Intent. Indictment for Burglary, tried at Spring Term, 1889, of Rutherford Superior Court, Clark, J., presiding. The indictment charged the prisoners with the crime of burglary of a dwelling-house. Thej* severally pleaded not guilty. On the trial of this plea, the jury rendered a verdict of guilty. They moved in arrest of judgment, assigning as cause that referred to in the opinion of the Court. The motion was ‘denied, and they excepted. There was judgment of death against them, and they appealed.
1Opinion of the Court
Merrimon, C. J.:
The Statute (Acts 1889, chap. 434), ratified the eleventh day of March, 1889, makes important and material changes and modifications of the common law and the statutes of this State in respect to the crime of burglary. It prescribes that, “ If the crime be committed in a dwelling- house, or in a room used as a sleeping apartment in any building, and any person is in the actual occupation of any part of said dwelling-house, or sleeping apartment, at the time of the commission of said crime, it shall be burglary in the first degree. Second: If the said crime be committed in a…
2Cases cited2 opinions
- State v. . MasseySupreme Court of North Carolina · 1887
- State v. . Chaney WiseSupreme Court of North Carolina · 1872
3Cited by2 opinions
- State v. . FlemingSupreme Court of North Carolina · 1890
- State v. . ColeySupreme Court of North Carolina · 1894