Legal Opinion

State v. . Dozier

Supreme Court of North Carolina

Decided June 5, 1875PublishedCited by 5 opinions

INDICTMENT for breaking, &c., a store house, with intent to steal therefrom, tried in Graven county at the Fall Term, 1874, of the Superior Court, before his Honor, Judge 8eymov/r.

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INDICTMENT for breaking, &c., a store house, with intent to steal therefrom, tried in Graven county at the Fall Term, 1874, of the Superior Court, before his Honor, Judge 8eymov/r. The defendant was convicted on the following indictment, to-wit: “The jurors,” &e., “present, that Edward Dozier, late of Craven county, on the 20th day of September, A. D. 1874, with force and arms, at and in said county, about the hour of 10 o’clock in the night time of the same day, the store house of Washington Spivy, there situate, unlawfully and wickedly did break, with an intent to steal, the same store…

1Opinion of the CourtByNum, J.

The defendant is indicted for breaking and entering the store house of Washington Spivy, with the intent to steal the goods and chattels of the said Spivy therein ; and the indictment concludes at common law.

This was not a criminal offence, at common law, and there is no statute of this State making it a crime. By 24 and 25 Yict., chap. 96, sec. 58, it is made a misdemeanor in England in any one who shall be found by night, armed with any dangerous or offensive weapon, with intent to break or enter a dwelling or other building whatsoever, and to commit a felony therein, or who shall be found…

2Cited by5 opinions

  1. State v. . BoydSupreme Court of North Carolina · 1943
  2. State v. . MumfordSupreme Court of North Carolina · 1947
  3. State v. Foster.Supreme Court of North Carolina · 1901
  4. State v. GastonCourt of Appeals of North Carolina · 1969
  5. State v. Foster.Supreme Court of North Carolina · 1901

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