People v. Burns
New York Supreme Court
Appeal by defendant John Burns from a judgment of the Court of Sessions of Jefferson county entered February 18, 1884, convicting him of the crime of burglary in the third degree. The indictment was found in December, 1883. The defendant pleaded not guilty and was tried in February, 1884, and found guilty, whereupon he was sentenced to be confined in the state prison at hard labor for the term of three years.
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Appeal by defendant John Burns from a judgment of the Court of Sessions of Jefferson county entered February 18, 1884, convicting him of the crime of burglary in the third degree. The indictment was found in December, 1883. The defendant pleaded not guilty and was tried in February, 1884, and found guilty, whereupon he was sentenced to be confined in the state prison at hard labor for the term of three years. The crime for which the defendant was indicted and convicted was committed on Sunday morning, December 9, 1883, at the Union Mills, in the city of Watertown. These mills were the…
1Opinion of the CourtFollett, J.
The defendant was convicted before the court of Sessions of Jefferson county, of burglary in the third degree. The defendant appeals from the judgment, and asks for a reversal and a new trial, upon the ground that errors were' committed in the reception and rejection of evidence, and in the charge to the jury.
About 6 A. M., December 9, 1883 (Sunday), the defendant was found by a police officer in a grist mill.
In the office of the mill were a safe and money drawer, which some one had attempted by violence to open. These facts were not denied on the trial. Defendant testified that he entered…
2Cases cited8 opinions
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- Shorter v. . the PeopleNew York Court of Appeals · 1849
- Coleman v. . People of the State of N.Y.New York Court of Appeals · 1874
- People v. Noelke & MarksNew York Court of Appeals · 1883
- The People v. . LakeNew York Court of Appeals · 1855
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