State v. Descant

Citations

• 117 La. 1016
• 42 So. 486
• 1906 La. LEXIS 812

Syllabus

<p>1. Burglary — .Entering Dwelling House with Intent to Commit Rape — Evidence.</p> <p>A person indicted for violation of section 854 of the Revised Statutes may be found guilty thereof although he may have entered the main building without the intention of committing a felony, if, after being therein, it is established that he, with intent to commit a felony, entered into one of the rooms of the building for that purpose. Each room of the building is the “dwelling house” of the particular occupants, within the meaning of the law. People v. Bush, 3 Parker, Cr. R. (N. X.) 556; Mason v. People, 26 N. X. 200; 1 Hale, P. C. 556.</p> <p>[Ed. Note. — For oases in point, see Cent. Dig. vol. 8, Burglary, § 15.]</p> <p>2. Criminal Law — Appeal—Review.</p> <p>The Supreme Court will not on appeal enlarge the complaints urged by appellant in the trial court.-</p> <p>[Ed. Note. — -For cases in point, see Cent. Dig. voi. 15, Criminal Daw, § 2619.]</p> <p>3. Same — Instructions.</p> <p>Special charges asked in a criminal case to be given to the jury are properly refused when they are covered by the general charge given by the court itself.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, § 2011.]</p> <p>4. Same.</p> <p>Complaints against the charge as given by reason of insufficiency of explanation to the jury of the ingredients of the crime charged, should be called to the attention of the court by direct objection thereto, and not presented in a special charge misleading Ae court as to its scope and object. The special charge in this instance gave no more information to the jury than the court’s own charge, and the refusal to give it worked no injury.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Criminal Law, 4 2023.]</p> <p>(Syllabus by the Court.)</p>