State v. Tytus
| Decision Date | 28 November 1887 |
| Citation | 4 S.E. 29,98 N.C. 705 |
| Court | North Carolina Supreme Court |
| Parties | State v. Tytus. |
Burgary—Indictment—Sufficiency.
Code N. C. §§ 996, 997, enacts that if any person breaks and enters, or shall be found by night in, any building, with intent to commit a felony or other infamous crime therein, such person shall be guilty, etc. Held, that an indictment which charges that the defendant, with force and arms, did enter, and was found by night in, a building with intent to commit the crime of larceny, against the form of the statute in such case made and provided, is sufficient; and objections that such indictment contains both charges in one and the same count, and employs the term "larceny " instead of " felony and other infamous crime, " come too late after verdict, by motion in arrest of judgment.
Appeal from superior court, Anson county; Connor, Judge.
The Attorney General, for the State. No counsel contra.
Davis, J. Indictment tried before Connor, J., at fall term, 1887, of Anson superior court. It is charged that the defendant, "on the tenth day of June, in the year of Our Lord one thousand eight hundred and eighty-seven, with force and arms, at and in the county aforesaid, unlawfully and willfully did enter the gin and mill house of one B. "V. Henry there situate, and in which said house there was at that time cotton, meal, and other personal property, in the niglit-time, and with intent to commit the crime of larceny, and that the said Moses Tytus was found by night in said house with jntent to commit the crime of larceny, against the form of the statute in such case made and provided, and against the peace and dignity of the state." There was a verdict of guilty, and motion for new trial, which was overruled. The defendant then moved in arrest of judgment, which was also overruled. Judgment and appeal.
The only question presented by the record for our consideration arises upon the motion in arrest of judgment. Section 996 of the Code enacts, among other things, that, if any person "shall break and enter a store-house * * * or other building where any merchandise, chattels, money, valuable security, or other personal property shall be; * * * with intent to commit a felony or other infamous crime therein, every such person shall be guilty, " etc. Section 997, among other things, enacts, if any person "shall be found by night in any such building, [dwelling or other building whatsoever,] with intent to commit a felony or other infamous crime therein,...
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State v. Allen
...crime of larceny, rape, or arson. State v. Staton, 133 N.C. 643, 45 S.E. 362; State v. Ellsworth, 130 N.C. 690, 41 S.E. 548; State v. Tytus, 98 N.C. 705, 4 S.E. 29; State Christmas, 101 N.C. 755, 8 S.E. 361. But it is necessary, in order that the charge may be certain, to state the particul......
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State v. Ellsworth
...charged. The solicitor followed a decision of this court which is exactly in point and the judge properly denied the motion. State v. Tytus, 98 N. C. 705, 4 S. E. 29. This case has since been cited with approval in State v. Christmas, 101 N. C. 755, 8 S. E. 361. A witness testified that the......
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State v. Peak
... ... A."; in short, following the common-law rule, as above, ... that an indictment for assault to commit an offense need not ... technically charge the offense intended to be committed. This ... is clearly and distinctly held in State v. Tytus, 98 ... N.C. 705, 4 S.E. 29, State v. Christmas, 101 N.C ... 749, 8 S.E. 361, and was reaffirmed in State v. Ellsworth (at ... this term) 41 S.E. 548. If, therefore, this had been an ... indictment for breaking into a house (whether dwelling or ... not), and the breaking were sufficiently ... ...
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State v. Goffney
... ... In other words, if one breaks into a ... house with intent to commit a felony, he feloniously breaks ... into the house. The indictment follows the wording of the ... statute. An indictment like the one at bar in this respect ... was held good in the case of State v. Tytus, 98 N.C ... 705, 4 S.E. 29. See, also, State v. Staton, 133 N.C ... 643, 45 S.E. 362 ... 2. It ... is contended by the learned counsel for defendant in a ... well-prepared brief that, upon the state's evidence, no ... crime has been committed, and with this position we ... ...