People v. Brott

The defendant was convicted upon a *151valid information charging him with breaking and entering in the nighttime a store “not adjoining to or occupied with a dwelling house,” with intent to commit the crime of larceny.

The testimony was abundant that the store was not adjoining to nor occupied with a dwelling house, and there was no testimony to the contrary, and there was no request to charge that it was essential that the jury investigate or find the fact as charged. It is contended in this court, apparently for the first time, that the testimony left the fact in doubt. We think otherwise, and…