State v. Wheeler

Decided September 15, 1877

Tennessee Supreme Court · decided 1877-09-15

<p>CRIMINAL LAW. Law as to housebreaking' not changed by-change of law as to larceny.</p> <p>The breaking into a house with intent to steal less than thirty dollars is a felony, and the offense is not reduced to a misdemeanor because the legislature has reduced the offense of stealing less than thirty dollars to, a misdemeanor. There was no purpose to change the law in regard to housebreaking. [The act construed in this case is that of 1875, ch. 84, which was repealed by the act of 1877, ch. 65. While it is stated in the opinion that the question decided in this case has been several times so- decided, the reporter has been able to find but one case on the question, the case of Stevenson v. State, 5 Bax., 681, in which there' is only a dictum so holding, the decision being put upon the ground that the indictment charg-ed an intent to commit a felony.J</p>

Decided 1877-09-15

FREemabt, J.,

¶1delivered the opinion of the court:

¶2We have several times held that the legislature did not intend to change the law of housebreaking by reducing stealing under $30 to a misdemeanor. This being so, it follows the party was properly convicted in this case— otherwise we would be compelled to hold that breaking into a house with intent to steal less than thirty dollars, is only a misdemeanor.

¶3Such was uot the purpose 'of the legislature, and the conviction in this case must stand, as it is clearly made out by the proof.

¶4Affirm the judgment.