Bell v. State
Wisconsin Supreme Court
EEEOE to tbe Circuit Court for Milwaukee County. Tbe plaintiffs in error were convicted on an indictment of wbicb tbe first count charged (with specification of time and place) that tbe accused “ tbe dwelling bouse of Oscar C. Per-ris, situate in tbe city of Milwaukee in said county of Milwaukee, feloniously did break and enter, witb intent tbe goods and chattels and property of tbe said Oscar C. Perris, in tbe said dwelling bouse then and there being, then and there in the…
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EEEOE to tbe Circuit Court for Milwaukee County. Tbe plaintiffs in error were convicted on an indictment of wbicb tbe first count charged (with specification of time and place) that tbe accused “ tbe dwelling bouse of Oscar C. Per-ris, situate in tbe city of Milwaukee in said county of Milwaukee, feloniously did break and enter, witb intent tbe goods and chattels and property of tbe said Oscar C. Perris, in tbe said dwelling bouse then and there being, then and there in the said dwelling bouse feloniously and burglariously to steal, take and carry away and it then proceeds in tbe usual form…
1Opinion of the CourtDixon, C. J.
Tbe words “tbe dwelling-house of Oscar,’C Ferris,” mean tbat tbe building broken and entered was bis place of residence, and tbat be occupied it as such at tbe time of tbe breaking and entry. An averment in this form is good in tbe common law indictment for burglary and larceny, and under tbe English statute, and tbe same is true under our statute. E. S., cb. 165, secs. 9 and 10.
Under section 9, no doubt, for tbe higher offense of breaking and entering a dwelling bouse in tbe night time, with intent to commit tbe crime of murder, rape, larceny &c., tbe offender being armed with a dangerous…
2Cited by9 opinions
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- Conyers v. MericlesIndiana Supreme Court · 1881
- Crystal River Lumber Co. v. Knight Turpentine Co.Supreme Court of Florida · 1915
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