State v. . Williams
Supreme Court of North Carolina
INDICTMENT for burglary tried at Spring Term, 1884, of' Mecklenbubg- Superior Court, before Macliae,J. The jurors, &c., present that the defendant, about the hour of ■two in the night, &c., a dwelling-house, the property of L. M. McLendon, then occupied by L. J. Hooks, feloniously and ■burglariously did break and enter with intent, &c.
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INDICTMENT for burglary tried at Spring Term, 1884, of' Mecklenbubg- Superior Court, before Macliae,J. The jurors, &c., present that the defendant, about the hour of ■two in the night, &c., a dwelling-house, the property of L. M. McLendon, then occupied by L. J. Hooks, feloniously and ■burglariously did break and enter with intent, &c. It appears from the evidence that L. M. McLendon was the •owner of a store-house in which there were goods, at Matthews, in the county of Mecklenburg, situate across the street from his ■dwelling-house, and upon a lot separate from any other house; that there…
1Opinion of the CourtMerRIMON, J.
This case is in all material respects like that of State v. Outlaw, 72 N. C., 598, and must be governed by it»
The store-house and the goods therein belonged to McLendon» Hooks was his clerk, boarded with him and habitually slept in the store-house as his home, for the protection of the property. He had no lease or estate in the property, nor did he claim any, not even in the office or his bed-chamber adjoining it. He occupied it as his employer’s clerk, and by virtue of that relation. The employer constructed ¡he bed-chamber to be used by his clerk habitually, the motive being the protection…
2Cases cited2 opinions
- State v. . OutlawSupreme Court of North Carolina · 1875
- State v. . PottsSupreme Court of North Carolina · 1876
3Cited by5 opinions
- State v. FieldsSupreme Court of North Carolina · 1985
- State v. Foster.Supreme Court of North Carolina · 1901
- Brown v. StateIndiana Supreme Court · 1951
- Giles v. CommonwealthCourt of Appeals of Virginia · 2008
- State v. Foster.Supreme Court of North Carolina · 1901