State v. Short
Supreme Court of Iowa
Appeal from Monroe District Gourt. The indictment charged the defendant as follows: For that the defendant “ did then and there, with intent to commit a public offense, to-wit: larceny, feloniously and willfully break and enter in the night time the dwelling-house of one T. Ii. Elder, then and there being in said house goods, wares and valuable articles kept by said Elder.” The defendant pleaded not guilty and appeals.
1Opinion of the Court
Seevers, J.. meat fburglary. I. It is urged that the indictment is insufficient because it does not charge the breaking and entering was “burglarious;” that is, that the omission of suc^ word constitutes a fatal objection to the indictment. The statute under which the indictment was found provides: “ If any person break and enter any dwelling-house in the night time with intent to commit a public offense, he shall he deemed guilty of burglary. Code, § 3891. The breaking and entering with the required intent constitutes the statutory crime. This is clearly charged, and the defendant is deemed…
2Cases cited1 opinion
- State v. GoldenSupreme Court of Iowa · 1878
3Cited by7 opinions
- Agar v. StateIndiana Supreme Court · 1911
- State v. JuddSupreme Court of Iowa · 1906
- State v. LuceSupreme Court of Iowa · 1922
- State v. LeeSupreme Court of Iowa · 1895
- State v. PorterSupreme Court of Iowa · 1896
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