State v. Gibson

O’NIELL, O'. J.

Appellant was prosecuted under a bill of information accusing him of breaking and entering a warehouse in the daytime with intent to steal. He was convicted and sentenced to imprisonment in the penitentiary.

The main question for decision, as the state’s attorneys say in their brief, is whether the room which appellant was convicted of breaking and entering was a warehouse, within the meaning of the statute. Section 854 of the Revised Statutes makes it burglary to break and enter in the daytime “any dwelling house or outhouse thereto adjoining and occupied therewith, or any…