Mason v. State

The plaintiffs in error were indicted and convicted for the burglary of an inhabited dwelling house, and now complain that the court of common pleas erred in its charge to the jury by stating, in substance, that a dwelling house, although not at the time of the burglary occupied by any human being, was nevertheless an inhabited dwelling house within the meaning of the statute.

That the court erred in charging the jury that they might recommend mercy without also stating the effect of such recommendation.

Laning R. L. 10441 (R. S. 6835), under which the prisoners were indicted, provides as…