State v. Dixson

The defendant was charged with, tried for and convicted of the crime of burglary in the first degree. It was charged that, in Stillwater county, on or about December 20, 1926, in the night-time, he burglarized a billiard-hall of one M. A. Jacobs, by entering the same with intent to commit therein larceny. The information charged breaking and entering but the statute merely uses the word “enters” and says nothing about breaking. Hence the word “break” in the information is surplusage and need not be considered. The billiard-hall was situate on the second floor of a building in the town of…