State v. Staton
| Decision Date | 22 September 1903 |
| Citation | 45 S.E. 362,133 N.C. 612 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. STATON. |
STATUTORY BURGLARY—INDICTMENT—INTENT —FORMER JEOPARDY — OBJECTION TO SUFFICIENCY OF EVIDENCE.
1. An indictment charging that defendant unlawfully did break and enter the dwelling house of B. with intent to commit a felony, to wit, with intent feloniously and violently, and against the will of said B., to carnally know and abuse, sufficiently charges the intent.
v 1. See Burglary, vol. 8, Cent. Dig. § 46.
2. One may be convicted under an indictment for breaking and entering a dwelling with intent to commit rape, though the evidence is sufficient to show the greater offense of com mon-law burglary, as the conviction would sustain a plea of former jeopardy on an indictment for burglary based on the same facts.
3. Objection that there was not sufficient evidence of the intent with which defendant entered the dwelling must be made before verdict, and cannot be made for the first time on appeal.
Appeal from Superior Court, Pitt County; Ferguson, Judge.
Fate Staton was convicted of statutory burglary, and appeals. Affirmed.
Skinner & Whedbee, for appellant.
The Attorney General, for the State.
The defendant was put upon trial upon the following bill of indictment: "The jurors for the state upon their oaths present that Fate Staton, late of the county of Pitt, with force and arms, at and in the county aforesaid, unlawfully did break and enter, otherwise than by burglarious breaking, the dwelling house of one Bettie Grimes, with intent to commit a felony, to wit, with intent the goods and chattels of the said Bettie Grimes, then and there in said dwelling house being found, feloniously to steal, take, and carry away, and with intent feloniously and violently, and against the will of the said Bettie Grimes, to carnally know and abuse, against the form of the statute, " etc. The defendant moved to quash the bill of indictment for the reason that the bill attempted to particularize the felony, with the intent to commit which the defendant is alleged to have entered the house of the prosecutrix, to wit, that of larceny or rape, and that the language used in the bill did not amount to a charge of rape. The motion was overruled, and the defendant excepted.
His honor correctly refused the motion to quash. The language of the bill uncharging the intent with which the defendant entered the house is sufficient State v. Ty-tus, 98 N. C. 705, 4 S. E. 29; State v. Powell, 94 N. C. 965, 970. The state introduced testimony tending to show that at 12 o'clock on the night of July 28, 1902, the defendant broke into the house of the prosecutrix by prizing open the window sash, and...
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State v. Gaston
...a prayer for instruction to the jury. State v. Brady, 177 N.C. 587, 99 S.E. 7; State v. Holder, 133 N.C. 709, 45 S.E. 862; State v Staton, 133 N.C. 642, 45 S.E. 362; State v. Secrest, 80 N.C. 450. It cannot be raised for the first time after verdict. State v. Jackson, 190 N.C. 862, 129 S.E.......
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State v. Goffney
... ... 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 fully ... There ... were only two ... ...
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