State v. Johnson
Citations
- 45 S.C. 483
- 23 S.E. 619
- 1896 S.C. LEXIS 6
Syllabus
<p>1. Indictment. — Each count in an indictment must state fully and particularly one offense, and a second count cannot be helped by allegations in the first.</p> <p>2. Ibid. — An indictment which alleges that the defendant stole two hens and twenty-one chickens, of the value of $5, from a fowl house, charges only simple petit larceny.</p> <p>3. Burgdary. — That á fowl house is separated by a public highway from the dwelling does not necessarily show that it is not appurtenant thereto, so as to make the taking of chickens therefrom not the subject of burglary.</p> <p>4. Indictment — Burgdary—Larceny—New Triad. — Where an indictment contains two counts, one for burglary and another for larceny, and a general verdict of guilty is returned, the Court, if there is no evidence of a burglary, should grant a new trial.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the relevant considerations under the statute are whether a structure is within 200 yards of a dwelling and appurtenant thereto and noting whether the structure is separated from the dwelling is immaterial
- stating the undisputed fact that a fowl house was separated from a dwelling by a public roadway does not necessarily show that it was not appurtenant to a dwelling
- stating whether a structure is appurtenant is a question of fact
- stating the undisputed fact that a fowl house was separated from a public roadway does not show that it was not appurtenant, as the only question is whether the structure is within the requisite distance and appurtenant thereto, the separation by a roadway is immaterial
Source: CourtListener parenthetical corpus (CC0).
Judges: McIver
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2 cases in this archive cite this case.
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