State v. Davis
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. An indictment for burglary must allege ownership of the building alleged to have been broken into and entered. Commonwealth v. Perris, 108 Mass. 1; 2 Russell on Crimes [6 Ed.], p. 44; Whart. Crim. Law [9 Ed.], sec. 816. (1) This being purely a statutory offense, the charge of ownership in the indictment is unnecessary.
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Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. An indictment for burglary must allege ownership of the building alleged to have been broken into and entered. Commonwealth v. Perris, 108 Mass. 1; 2 Russell on Crimes [6 Ed.], p. 44; Whart. Crim. Law [9 Ed.], sec. 816. (1) This being purely a statutory offense, the charge of ownership in the indictment is unnecessary. The only reason given for the necessity of such charge is based upon the theory that a man can not be held to commit burglary in his own dwelling house, as it is especially stated in the law that it must be done in…
1Opinion of the CourtBtogess, J.
At the April term, 1896, of the circuit court of Vernon county the defendant was indicted by the grand jury of said county and charged with burglary in the second degree by breaking into a “railroad freight box car,” and stealing therefrom three bottles of whiskey. The indictment leaving off the formal parts is as follows:
“The grand jurors for the State of Missouri, impaneled, sworn, and charged to inquire within and for *109the body of the county of Yernon, and State of Missouri, upon their oath present and charge that Frederick Davis, on or about twenty-seventh day of April, 1896, at the county…
2Cases cited5 opinions
- Pells v. StateSupreme Court of Florida · 1884
- State v. MorrisseySupreme Court of Iowa · 1867
- Jackson v. StateWisconsin Supreme Court · 1882
- Commonwealth v. PerrisMassachusetts Supreme Judicial Court · 1871
- State v. FocklerSupreme Court of Kansas · 1879
3Cited by5 opinions
- State v. CarrollSupreme Court of Missouri · 1908
- State v. FranklinWashington Supreme Court · 1923
- State v. McMahonSupreme Court of Missouri · 1911
- State v. Simpson and JonesSupreme Court of Missouri · 1927
- State v. WilsonSouth Dakota Supreme Court · 1915