Bergeron v. State

The object of this proceeding is to secure the reversal of a conviction of the crime of burglary. Of the several assignments in the petition in error, consideration will be given to those relating to instructions alone.

This prosecution was brought under section 48 of the Criminal Code, which declares: “If any person shall, in the night-season, willfully, maliciously, and forcibly break and enter into any * * * storehouse, * * with intent to kill, rob, commit a rape, or with intent to steal property of any value, or commit any felony, every person so offending shall be deemed guilty of…