State v. Petit

• Citation: 72 P. 1021,32 Wash. 129
• Parties: STATE v. PETIT.
• Decision Date: 27 June 1903
• Court: United States State Supreme Court of Washington

72 P. 1021

32 Wash. 129

STATE v. PETIT.

Supreme Court of Washington

June 27, 1903

Appeal from Superior Court, Kittitas County; Frank H. Ruddkin Judge.

J. C Petit was indicted for burglary, and on a judgment sustaining a demurrer to the indictment the state appeals. Affirmed.

C. V Warner, C. B. Graves, and Austin Mires, for appellant.

Pruyn &amp Slemmons, Govnor Teats, and E. W. Taylor, for respondent.

DUNBAR J.

The defendant was charged with burglary upon the following information: 'The said J. C. Petit, on the 19th day of October, A. D. 1902, in the county of Kittitas, state of Washington, did then and there unlawfully break and enter in the nighttime a railroad car, to wit, a flat car used for carrying freight and merchandise, belonging to and property of the Northern Pacific Railway Company, said flat car being then and there loaded with wheat in bags or sacks, and said car and wheat upon it being entirely covered by a tarpaulin made of heavy canvas, and which tarpaulin entirely inclosed said wheat, and was securely fastened to said car at the sides and endss thereof so as to form a roof and sides and ends for the upper portion of said car, with the intent then and there to commit a misdemeanor therein.' A demurrer was interposed to the information on the ground that the facts charged did not constitute a crime. The court sustained the demurrer to the information, and the cause was brought to this court for review.

The question is, is the car or the structure on wheels described in the information a railroad car, such as was within legislative contemplation in section 7104, 2 Ballinger's Ann. Codes & St., where burglary is defined as follows? 'Every person who shall unlawfully enter in the night time, or shall unlawfully break and enter in the day time any dwelling house or outhouse thereunto adjoining and occupied therewith, or any office, shop, store, warehouse, malt house still house, mill, factory, bank, church, school house, railroad car, barn, stable, ship, steamboat, water craft or any building in which any goods, merchandise or valuable things are kept for use, sale or deposit within the body of any county with intent to commit a misdemeanor or felony, shall be deemed guilty of burglary,' and the penalty is imprisonment in the penitentiary for any period not more than 14 years. It is conceded that the car described in the information is the ordinary flat car which is used by...