Walker v. State

Citations

• 44 Fla. 466

Syllabus

<p>1. The fact that an accused charged with breaking and entering with intent to steal, stole nothing, does not affect his guilt, if he broke and entered with intent to steal.</p> <p>2. Section 5, Chapter 4405, laws of 1895, which provides that on the trial of a charge of breaking and entering, or 'entering without breaking, a dwelling house with intent to commit a misdemeanor or with intent to commit a felony, proof of the entering of such dwelling-house in the night time stealthily, without consent of the owner or any occupant thereof, shall be prima facie evidence of entering with intent to commit a misdemeanor in the absence, of proof of intent to commit any speeific crime, has no application to a case where the entry proven occurred in the day time.</p> <p>3. Evidence ■ examined and found to support the verdict for breaking and entering a dwelling-house with intent to steal property of more than the value of twenty dollars.</p>