
    State vs. Boggs, et al.
    
      Criminal Law—Indictment—Breaking and Entering Building in
    
    
      the day time— Words “ wilfidly and unlawfully ”
    
    
      essential—Pleading.
    
    In an indictment for breaking and entering a building in the day time the words “wilfully and unlawfully” are essential.
    
      (September 18, 1902.)
    
    Lore, C. J., and Spruance and Boyce, J. J., sitting.
    
      Herbert H. Ward, Attorney-General, for the State.
    
      L. Irving Handy and John W. Brady for the defendants.
    Court of General Sessions, New Castle County,
    September Term, 1902.
    Indictment for Breaking and Entering a building in the day time.
    The defendant was indicted as above, under Section 1, Revised Code, 9fO. The indictment alleged that the defendant “feloniously” broke into a building in the day time, etc.
    
      Handy, for defendant, moved to quash the indictment on the ground that the statute (Section 1, Revised Code, 9Jfi) makes this offense a misdemeanor, whereas the indictment charges it as a felony.
    
      Mr, Ward:—However felonious it might be, the words “wilfully” and “unlawfully” are left out, and I consider it a fatal defect.
   Lore, C. J.:

—We order the indictment quashed.  