Lyons v. People

Citations

• 68 Ill. 271

Syllabus

<p>1. Bobolaby—indictment for breaking into car. An indictment for burglary, which charg'ul that the defendants, on, etc., at, etc., “in the night time of the same day, a freight car of the Illinois Central Railroad Company, incorporated as suc:i railroad company under the laws of the State of Illinois, by virtue of an act of the General Assembly thereof, feloniously, wilfullj-, maliciously and forcibly did then and there break and cuter, with intent the goods and chattels of the said Illinois Central Railroad company, in the said freight railroad car then and there being, feloniously to steal, take and carry away,” etc. It was objected that it was bad because the wortj. “burglariously” was omitted: Held, that as the offense was stated in the terms and language of the statute, and so plainly that the nature of the offense could be easily understood, it was sufficient.</p> <p>2. Same—leaving door unlocked. In order to constitute burglary in breaking into a railroad car with intent to steal, it is not necessary that the doors of the car should be locked or fastened in some secure way, so as not to tempt persons to enter. The carelessness of the owner in securing and guarding his property, affords no excuse to the commission of a burglary or larceny.</p> <p>8. When a door is closed, it is burglary for any one, with a felonious intent, to open it and enter the house in the night time, without the owner’s consent, and it makes no difference how many bolts and bars might have been used, but which were neglected. But if the owner is consenting to the entry, there can be no burglary.</p> <p>4. Indictment—statute relating to, construed. Sec. 162 of the Criminal Code of 1845, which provides that an indictment shall be sufficient which charges the offense in the terms and language of the statute, or so plainly that the nature of the offense may be easily understood by the juiy, is not limited to the criminal code as it then existed,’but it is a general rule of criminal pleadin