Norris & Coleman v. State

The indictment was based on R. C. § 3695, and charged, in substance, that the defendants “ broke into and entered the house of Jerry Manning, in which there was stored at the time cotton in the seed, with intent to steal,” &c. A demurrer to it was overruled.

Section 3695 of the Revised Code divides the buildings which may be the subjects of burglary into two classes. In one class, the burglary is made to depend upon the character of the building, without reference to what is therein contained. In the other, the breaking and entering, with the felonious intent, does not necessarily constitute…