State v. . Jenkins
Supreme Court of North Carolina
This was an indictment for burglary, tried before Saunders, J., at the Spring Term, 1858, of Rutherford Superior Court. The bill of indictment charged the burglarious breaking and entering the dwelling-house of William F. Eowler, &c.
Read the full summary
This was an indictment for burglary, tried before Saunders, J., at the Spring Term, 1858, of Rutherford Superior Court. The bill of indictment charged the burglarious breaking and entering the dwelling-house of William F. Eowler, &c. The proof was, that the building in which the offense was alleged to have been committed, was a store-house, standing at the distance of two hundred and fifty yards from the dwelling-house of the owner, on the opposite side of the road; that Eowler, the owner, occasionally slept in the store room, on a pallet, spread on the counter, with bed-clothes kept there in…
1Opinion of the CourtBattle, J.
The main question, in this case, is, whether burglary can be committed by breaking into a store-house, in which the owner occasionally slept, when he had a dwelling* house two hundred yards distant, in which he usually slept with his family. That it may, seems to be fully sustained by the case of State v. Wilson, 1 Hay. Rep. 279, upon which his Honor relied in the Court below. In the report of that case, it is stated that the prisoner was pardoned by the Governor ; but whether the pardon was granted ou account of any doubt about the correctness of the decision, we are not informed. However…
2Cited by9 opinions
- Carrier v. StateIndiana Supreme Court · 1949
- State v. Foster.Supreme Court of North Carolina · 1901
- State v. . JakeSupreme Court of North Carolina · 1864
- Giles v. CommonwealthCourt of Appeals of Virginia · 2008
- State v. MerrittCourt of Appeals of North Carolina · 1995
4 more not listed; retrieve them via the Exa API.