State v. Bell
Supreme Court of Iowa
Appeal from Des Moines District Qourt. Friday, July 29. . The indictment charges the crime of entering, on the night of, etc., the house of, etc., with intent to commit the crime of larceny.
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Appeal from Des Moines District Qourt. Friday, July 29. . The indictment charges the crime of entering, on the night of, etc., the house of, etc., with intent to commit the crime of larceny. There was testimony tending to show that defendant was a man of good moral character, and had never before been charged with crime ; that on the evening before the alleged burglary (New Year’s eve) he went with some friends and acquaintances and drank with them until about 11 o’clock, and was drunk when found in the house, where he was arrested and taken to jail. The court instructed the jury, that, “if…
1Opinion of the CourtWright, J.
The offense, here charged is defined by the statute to be the entering, without breaking, a dwelling-house, in the night-time, with intent to commit a felony. Rev. § 4232. The intent to commit the felony is, then, one essential element, and without it the offense would not be complete. Starting with this fundamental proposition, ■ it seems to us, in view of the instructions given and refused, that this conviction cannot be sustained. That given (though, perhaps, abstractly correct) was scarcely just to defendant, and was well calculated to mislead (and especially so after the refusal of that…
2Cited by25 opinions
- Garner v. StateSupreme Court of Florida · 1891
- State v. . AllenSupreme Court of North Carolina · 1923
- State v. WilsonSupreme Court of Iowa · 1943
- State of Iowa v. Mario Guerrero CorderoSupreme Court of Iowa · 2015
- State v. WilsonSupreme Court of Iowa · 1913
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