State v. Sanders

The opinion of the court was delivered by

Johnston, C. J.:

The appellants were convicted under section 107 of the crimes act, which so far as is pertinent to this inquiry reads:

“Every person who shall willfully, unlawfully and maliciously break, destroy or injure the door or window of any dwelling house, shop, store or other house or building, . . . being the property of another, shall on conviction be adjudged guilty of a misdemeanor.” (Gen. Stat. 1901, § 2100.)

In the amended complaint it was alleged that appellants did willfully, unlawfully and maliciously break and destroy a door or part of…