State v. Williamson

• Decision Date: 31 December 1871
• Citation: 50 Tenn. 483
• Parties: State v. Seth Williamson.
• Court: Tennessee Supreme Court

50 Tenn. 483

State

v.Seth Williamson.

Supreme Court of Tennessee.

December Term, 1871.

FROM WILSON.

Criminal Court, February Term, 1872. W. H. WILLIAMSON, J.

The prisoner was indicted for house-breaking, and charged in one count “with intent to commit a felony” generally; in the second count, he was charged with intent to commit a felony specially described. The defendant was convicted on the first count, and acquitted on the second, and the court below arrested the judgment and the District Attorney appealed.

Attorney General HEISKELL, for the State.

LEE HEAD, for the prisoner.

SNEED, J., delivered the opinion of the Court.

An indictment for house-breaking, with intent to commit a felony, must set out and define the felony intended to be committed.

Affirm the judgment