State v. . Oakley

At the close of the State’s evidence, and at the close of all the evidence, the defendant made motions in the court below for judgment of nonsuit. N. 0. Code, 1935 (Michie), sec. 4643. The court below overruled these motions, and in this we can see no error.

N. O. Code, supra, sec. 4232, is as follows: “There shall be two degrees in the crime of burglary as defined at the common law. If the crime be committed in a dwelling house, or in a room used as a sleeping apartment in any building, and any person is in the actual occupation of any part of said dwelling house or sleeping apartment at the…