State v. Moon

The opinion of the court was delivered by

Ellis, J.:

This was a prosecution for burglary with intent to commit rape. In the information it was averred that defendant did, “in the daytime, break into and enter the dwelling-house of Joseph A. Bachofer, then and there situate, by forcibly pulling open a closed outer door of said dwelling-house,” etc. It was also properly averred that a human being was then within said dwelling, and in all other respects the charge was sufficient. The jury found the defendant guilty of burglary in the second degree, and he was sentenced to the penitentiary for five…