Legal Opinion

State v. . Outlaw

Supreme Court of North Carolina

Decided January 5, 1875PublishedCited by 7 opinions

Iudictment for Burglary, tri 1874, Peeson Superior Cour fore Kerr. J.; at Fall Term, The defendant, John Outl, two counts, the first chargi dwelling house of one Jo was charged with burglary in the house broken into as the Cunningham, and the second as the house of one James E. Harrias. Upon the trial the Court directed ten talesmen to be summoned from the bystanders, in addition to the original panel.

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Iudictment for Burglary, tri 1874, Peeson Superior Cour fore Kerr. J.; at Fall Term, The defendant, John Outl, two counts, the first chargi dwelling house of one Jo was charged with burglary in the house broken into as the Cunningham, and the second as the house of one James E. Harrias. Upon the trial the Court directed ten talesmen to be summoned from the bystanders, in addition to the original panel. When the oiiginal panel was exhausted, these names were put into a hat and drawn out without the prisoner being informed of his right of challenge thereto. The prisoner did, however, challenge…

1Opinion of the CourtPeaesON, C. J.

As the bill of indictment contains two counts — one charging the house to be the dwelling ing house of John W. Cunningham, and the other charging the house to be the dwelling house of James E. Harris — the question as to the proper inode of charging the ownership of the house does not arise. A man may^the owner of several dwelling houses, one in which he lives, one in which his domestic servants live, and one in which his clerks or other employees live, and it is settled by the authorities referred to in the text books, that if the servant, clerk or employee has no estate in the house as…

2Cited by7 opinions

  1. State v. FieldsSupreme Court of North Carolina · 1985
  2. State v. Foster.Supreme Court of North Carolina · 1901
  3. State v. . JakeSupreme Court of North Carolina · 1864
  4. State v. . PottsSupreme Court of North Carolina · 1876
  5. State v. . WilliamsSupreme Court of North Carolina · 1884

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