State v. Clary

Citations

• 24 S.C. 116
• 1886 S.C. LEXIS 7

Syllabus

<p>1. In charging the jury, the judge is not compelled to define a criminal offence in the very words of elementary writers. Burglary was properly defined in this case to he the breaking into a dwelling-house in the night time with a view to commit a felony ; especially so, as other parts of the charge showed that the word view was used as synonymous with the word intent.</p> <p>2. Petit larceny is not made a misdemeanor by our statute (Oen. Slat., $ 2498) unless it be also a simple larceny. Breaking into a dwelling-house and stealing therefrom an article of less value than'!$20, is compound larceny, and therefore a felony as at common law; and breaking in at night with intent to steal such article is burglary.</p> <p>3. On a trial for burglary, defendant cannot prove that one W., on the night of the crime, had applied to the witness to borrow money, promising to return it in corn — which was the article stolen by the burglar — such testimony being hearsay.</p>