
    * Commonwealth versus William Carrol.
    There is no statute provision for the punishment of the crime of breaking and entering a warehouse in the night time.
    The defendant was convicted at the last November term in this county of breaking and entering in the night time a warehouse, with intent to steal, &c. A question being made after the conviction, whether the offence was within the provision of any statute, the indictment was continued to this term for the opinion of the whole Court.
    The statute of 1805, c. 101, for the punishment of burglary, &c., in the fourth section enacts that if any person, with intent to commit any felony, “ shall in the night time enter without breaking, or in the day time break and enter, any warehouse,” &c., every such offender shall be punished, &c.
   By the Court.

The lesser offence is animadverted upon, while the greater is omitted. The offence, of which the defendant stands convicted is not within the statute; and he must be sentenced as at common law. — He was accordingly sentenced to six months’ imprisonment in the common jail of the county.  