Stkickland v. State

The indictment contained two counts,—one for burglary and the other for larceny from the house. The accused was convicted of burglary. We have read the evidence carefully, and it is extremely doubtful whether there was any proof of a breaking. There is ample evidence that the accused entered the house, and that he unlocked an inside door where property alleged to have been stolen was located. In order to make out the offense of burglary, it is absolutely essential that the State should prove that the house itself was entered in some way which would, in law, be-*641denominated as a breaking. If…