State v. . Cody
Supreme Court of North Carolina
Tiu-- w:i¿ i-.n indiclnsciit for uukulaRy tried before Suipiv •J., at trie Court of Oyer and Terminer, for the County of Lincoln, on the first day of February, 1804.. i3o much of the ease as is material is stated in the opinion ot the Court.
1Opinion of the Court
Battle, J.-
Ve are of • opinion that there is but one question presented *by this ease upon which the least doubt can be entertained. The bill of indictment charges that the prisoner committed a burglary by feloniously breaking and entering into the dwelling house of the prosecutor in the night time, with the intent to steal, take,-and carry away bis personal^ chatties; snd the counsel for the prisoner contended on the trial, that the testimony tended to prove ihat tho breaking and entering was with the intent to commit a robbery and not a larceny, and that therefore, there was a fatal…
2Cited by10 opinions
- State v. RogersSupreme Court of North Carolina · 1968
- State v. . BellSupreme Court of North Carolina · 1948
- State v. ParkerSupreme Court of North Carolina · 1964
- State v. OwensSupreme Court of North Carolina · 1971
- State v. . BrownSupreme Court of North Carolina · 1893
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