State v. Evans

Citations

• 18 S.C. 137
• 1882 S.C. LEXIS 118

Syllabus

<p>1. Defendant was convicted under an indictment that alleged a burglary in “ a gin-house, situate within the curtilage of the dwelling-house.” Held, that judgment should be arrested, because the indictment failed to allege that the gin-house was within two hundred yards of the dwelling-house and appurtenant to it, two averments that were essential under the statute. Gen. Stat. of 1882, g 2483.</p> <p>2. And the defendant having been tried, convicted and sentenced for statutory burglary, the conviction cannot be referred to the indictment as sufficiently-charging the higher offense of burglary at common law.</p>