Melville Fuller

“ People, 'that it is just that an old offender should be punished more severely for a second offense, that repetition of the offense aggravates guilt.' It is quite impossible for us to conclude that the supreme court of Missouri erred in holding that plaintiff in error was not twice put in jeopardy for the same offense, or that the increase of his punishment by reason of the commission of the first offense was not cruel and unusual. ”

“ It is true that, in order to a conviction for a minor offense, it must be an ingredient of the major and substantially included in the offense charged in the indictment, but it is clearly a matter for the state courts to determine whether in a given case an indictment is sufficient in that regard. ”

“ Under the statutes of Missouri, burglary in the first degree is defined to be 'breaking into and entering the dwelling house of another, in which there shall be at the time some human being, with intent to commit some felony or any larceny therein,' in the several modes pointed out ”