Brumfield v. State

Brumfield was indicted by the grand jury of Pike County for the crime of burglary “with the felonious and burglarious intent of him, the said Defendant, to then and there commit some crime to the Grand Jurors unknown”. There was a demurrer to the indictment, which was by the court overruled. There was a plea of nolo contendere and a conviction by the Jury. The lower court allowed an appeal to this Court, and the matter is now before us on appeal.

The crime of burglary consists of two essential elements, viz.: (1) The burglarious breaking and entering of the house, and (2) the felonious intent…