State v. Robertson, 728.
| Decision Date | 15 June 1936 |
| Docket Number | No. 728.,728. |
| Citation | 186 S.E. 247,210 N.C. 266 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. ROBERTSON. |
Appeal from Superior Court, Rockingham County; Clement, Judge.
Arthur Robertson was convicted of an attempt to commit burglary in the second degree, and he appeals.
No error.
The defendant was tried on an indictment in which he was charged with burglary in the first degree, as defined by statute, C.S. § 4232. He entered a plea of not guilty.
At the trial there was evidence for the state tending to show that the defendant was discovered in the dwelling house of George Stanley and his wife, Mae Stanley, in Rockingham county, some time between 6 and 7 o'clock, p. m, on December 5, 1935, and that he had entered said dwelling house with the felonious intent to steal and carry away certain articles of personal property then in said dwelling house.
There was evidence for the state tending to show further that the defendant had broken into and entered said dwelling house, during the nighttime, while the same was occupied, with the felonious intent as charged in the indictment. An inference was permissible, however, from said evidence that at the time the defendant entered said dwelling house, the same was unoccupied.
The evidence for the state tended to show that when the defendant was discovered in said dwelling house by Mrs. Mae Stanley, upon her return from a visit to a neighbor, he assaulted her, and that when she screamed and fired her pistol, he ran from the house, and that as he ran he dropped certain articles of personal property which he had taken and carried away from said house.
The evidence for the defendant tended • to sustain his defence that at the time the crime charged in the indictment is alleged to have been committed, he was elsewhere. The testimony of the defendant to that effect was strongly supported by the testimony of witnesses for the defendant, whose credibility was not impeached.
All the evidence was submitted to the jury, under a charge by the judge, to which there was no exception by the defendant.
The jury returned as their verdict: Guilty of an attempt to commit burglary in the second degree.
The defendant moved for the arrest of judgment on the ground that there was no evidence at the trial tending to support the verdict returned by the jury. The motion was denied, and the defendant excepted.
From judgment that he be confined in the county jail of Rockingham county for a term of eighteen months, and that he be assigned to work under the supervision of the state highway and public works...
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... ... State v. Sawyer, supra; state v. Robertson, 210 N.C ... 266, 186 S.E. 247; State v. McKnight, 196 N.C. 259, 145 S.E. 281; 23 C.J.S., Criminal Law, § 1526 ... When these ... ...
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