State v. Taylor

The opinion of the Court was delivered by

Poché, J.

Defendant appeals from a conviction of burglary under section 852 of the Revised Statutes.

His complaint, embodied in a bill of exceptions, is levelled at the judge’s refusal of a new trial.

The grounds of his motion were in substance:

1. That the indictment was defective for the reason that it failed to set forth the hour of the night at which the alleged crime was committed.

2. That the evidence failed to show that the deed was committed in the night-time, that the building which had been broken was appurtenant to a dwelling house, and that the…