State v. . Alston
Supreme Court of North Carolina
Criminal action, tried at October Term, 1893, of Franklin Superior Court, before Hoke, J., and a jury. The indictment charged that the defendant entered the dwelling-house of one Sallie Ham, in the night-time, with intent to commit rape on an inmate of the house, and that he made an assault on the latter with intent to commit rape. All the evidence tended to show that the family was actually present in the house at the time it was entered.
Read the full summary
Criminal action, tried at October Term, 1893, of Franklin Superior Court, before Hoke, J., and a jury. The indictment charged that the defendant entered the dwelling-house of one Sallie Ham, in the night-time, with intent to commit rape on an inmate of the house, and that he made an assault on the latter with intent to commit rape. All the evidence tended to show that the family was actually present in the house at the time it was entered. His Honor charged the jury that, although all the evidence was that the family was present in the house at the time it was alleged to have been entered,…
1Opinion of the Court
CLARK, J.:
The defendant was indicted for burglary. The Court charged the jury that, “although all the evidence was that the family were present in the house” at the time it was alleged to have'been entered, they might find the prisoner guilty of burglary in the first degree, or they might find him guilty of burglary in the second degree. The jury returned a verdict of guilty of burglary in the second degree, and the prisoner assigns the above instruction as error.
The Court should have charged the jury that if they believed from the evidence that the family was present in the house at the time…
2Cases cited6 opinions
- State v. . DickSupreme Court of North Carolina · 1864
- State v. . FlemingSupreme Court of North Carolina · 1890
- Moore v. . ParkerSupreme Court of North Carolina · 1884
- Ray v. . LipscombSupreme Court of North Carolina · 1855
- Doe on the Demise of Hobbs v. OutlawSupreme Court of North Carolina · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. . AllenSupreme Court of North Carolina · 1923
- State v. RaySupreme Court of North Carolina · 1980
- State v. . DickSupreme Court of North Carolina · 1864
- State v. . RatcliffSupreme Court of North Carolina · 1930
- State v. SummittSupreme Court of North Carolina · 1981
19 more not listed; retrieve them via the Exa API.