Brown v. State

Decided November 15, 1904

Mississippi Supreme Court · decided 1904-11-15

From the circuit court of Warren county. FIon. George Anderson, Judge. Brown, the appellant, was indicted, tried, and convicted of burglary, and appealed to the supreme court. The opinion states the facts upon which the case was decided. This is a charge of burglary. The corpus delicti in such cases consists of two elements: (a) The breaking in, and (b) the intention of committing a crime. A breaking in without, intending to commit a crime is not burglary.

Cited by 2 later decisions — most recently March 1949

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

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Truly, J.,

¶1delivered the opinion of the court.

¶2Appellant was indicted for burglariously breaking and entering a storehouse with intent to commit larceny. The testimony for the state proved a breaking of the outer door, and that the cash drawers had been broken into. The intent to steal was reasonably predicable of these facts, and, even in the absence of *29positive evidence that anything was actually stolen, was sufficient proof of the corpus delicti to authorize the admission of the defendant’s confession.'

¶3Affirmed.