Koster v. People
Michigan Supreme Court
Error to Ionia Circuit. Plaintiff in error was convicted on an information which charged that he, “on the 13th day of April, in the year of our Lord one thousand eight hundred and fifty-nine, about the hour of ten o’clock in the night time of the same day, with force and arms, at the township aforesaid, in the county aforesaid, the storehouse of one John Vaughn, there situate, feloniously and burglariously did break and enter, with intent the goods and chattels of the said…
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Error to Ionia Circuit. Plaintiff in error was convicted on an information which charged that he, “on the 13th day of April, in the year of our Lord one thousand eight hundred and fifty-nine, about the hour of ten o’clock in the night time of the same day, with force and arms, at the township aforesaid, in the county aforesaid, the storehouse of one John Vaughn, there situate, feloniously and burglariously did break and enter, with intent the goods and chattels of the said John Vaughn, in the said storehouse then and there being found, then and there feloniously and burglariously to steal,…
1Opinion of the Court
Campbell J.:
The statute iinder which this prosecution is had punishes “ every person who shall break and enter, in the night time, any office, shop, railroad depot or warehouse, not adjoining to or occupied with a dwelling house,” with intent to commit felony.
It is a plain principle of law, that where the statutes ommerate several elements as combining to create a crime, the crime can not properly be described without including all these elements. An entry into a shop or warehouse in the night, with intent to commit a felony, is not a crime under this statute unless it also appears that the…
2Cited by14 opinions
- People v. YoungMichigan Supreme Court · 1983
- People v. CalvinMichigan Supreme Court · 1886
- People v. BrottMichigan Supreme Court · 1910
- Harris v. PeopleMichigan Supreme Court · 1880
- People v. LeveyMichigan Supreme Court · 1919
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