Kares v. State

In a jury trial in the Criminal Court of Baltimore, the appellant was found guilty on the first and second counts of an indictment, and sentenced to two years in the House of Correction. The only question raised on this appeal is whether the court erred in denying a motion before trial to dismiss the first count, which charged the unlawful breaking and entering of a dwelling house with intent to commit a felony. The appellant contends here that the count was insufficient, in that it did not affirmatively aver that the crime was committed “in the day time”. He argues that he could not know…