Mathis v. State
Tennessee Supreme Court
FROM STEWART. In the Circuit Court, before James E. Rice, J. cited 1 Plowd., 171; 2 Saund., 401, n. 2; 1 P. Wms., —; Bouv. Law Die., Title “House.” Insisted on the incompetency of Judge Rice, and cited Code, 3913; Fout v. State, 3 Hay., 94. conceded the incompency of Judge Rice, under the Const., Art. 6, s. 11, and the Code, 8913, sub-sec. 4.
1Opinion of the CourtNxchousoN, C. J.
Plaintiff in error was indicted in the Circuit Court of Stewart county for house-breaking. At the December Term, 1870, he was tried, Judge James E. Pice presiding when he was convicted and sentenced to the Penitentiary for ten years. From the judgment rendered, he has appealed to this Court.
The proof shows that the house broken into was a store house; and there is no proof that there was any person living or lodging in it. This Court held, in the case of Palmer v. The State, 7 Cold., 82, that the offense of house-breaking, as defined in the statute, means the breaking into a mansion house. We…
2Cited by2 opinions
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