154 Ind. 177 | Ind. | 1900
Appellant was convicted of burglary. He assigns that the court erred in overruling his motions in arrest of judgment and for a new trial.
The information charges that appellant, on April 8, 1899,
Burglary is defined in these words: “Whoever, in the night-time, breaks and enters into any * * * barn * * *, with intent to commit a felony, is guilty of burglary.§2002 Burns 1894, §1929 B. S. 1881 and Homer 1897. And petit larceny: “Whoever shall feloniously steal, take and carry, lead, or drive away the personal goods of another, of the value of any sum less than twenty-five dollars, is guilty of petit larceny.” §2007 Bums 1894, §1934 B. S. 1881 and Homer 1897. Petit larceny, by the statutes of this State, is a felony. Short v. State, 63 Ind. 376. In the information under consideration the breaking and entry-are sufficiently stated; but these do not constitute burglary. That crime is committed only when the breaking and entry are done “with intent to commit a felony”. The particular felony intended should be stated. The general charge “with intent to commit a felony” is not such a description as w'ould enable the defendant to plead his conviction or acquittal in bar of another prosecution for the same offense. People v. Nelson, 58 Cal. 104; State v. Lockhart, 24 Ga. 420; State v. Williamson, 3 Heisk. (Tenn.), 483; Portwood v. State, 29 Tex. 47. It would be adequate, at least as against a motion in arrest, to allege that the defendant broke and entered into the building “with intent to commit larceny therein.” People v. Shaber, 32 Cal. 36; State v. Jennings, 79 Iowa 513, 44 N. W. 799. But if the intent be not so laid, the pleader should aver that the defendant broke and entered with intent to do certain things, the doing of which
Judgment reversed, with instructions to sustain the motion in arrest. The clerk will, issue the proper notice for the return of the accused. •