State v. . Whit
Supreme Court of North Carolina
This was an indictment for bueglaey, tried before Ellis, Judge, at the Spring Term, 1857, of Chowan Superior Court. Upon the trial, Doctor .Charles Smallwood swore that he lived in Bertie county; that his smoke-house was about twenty-four yards from his dwelling, which was his usual place of residence.
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This was an indictment for bueglaey, tried before Ellis, Judge, at the Spring Term, 1857, of Chowan Superior Court. Upon the trial, Doctor .Charles Smallwood swore that he lived in Bertie county; that his smoke-house was about twenty-four yards from his dwelling, which was his usual place of residence. The fence enclosing the house did not include the smoke-house, but all of this building was without the yard, except the front end, which formed a part of the yard fence ; the door of the smoke-house opened into the yard; that the smoke-house was used for storing meat, and all the purposes for…
1Opinion of the CourtNash, C. J.
The indictment is for a burglary committed in the dwelling-house of Charles Smallwood. Burglary is a felony at common law; and a burglar is defined by Lord CoKE, 3rd Institute 63, to be “ one that, in the night time, breaketh and dntereth into a mansion-house of another, of intent to kill some reasonable creature, or to commit some other felony within the same, whether his felonious intent be executed- or not.” To a conviction, it is necessery to prove : fivt'st, the breaking; second, the entering; third, that the house broken and entered, is a mansion-house; fourth, that the breaking and…
2Cited by10 opinions
- State v. TippettSupreme Court of North Carolina · 1967
- State v. GreenSupreme Court of North Carolina · 1982
- State v. JonesSupreme Court of North Carolina · 1978
- State v. . MorrisSupreme Court of North Carolina · 1939
- State v. . JakeSupreme Court of North Carolina · 1864
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