People v. Soto

By the Court, Crockett, J,:

The defendant was indicted for burglary, in having entered a dwelling-house in the night-time, with the intent to commit petit larceny. The proof was that the defendant, at a late hour of the night, after the family had retired and the lights had been extinguished, entered the building through a window, and was found in a bedroom, in which a woman and three infant children were sleeping in one bed; that he seized the woman by the throat and threw himself across the bed, but on her making an outcry left the building without any further act of violence, and without…