Legal Opinion
State v. Pelkey
Supreme Judicial Court of Maine
Decided February 27, 1968PublishedCited by 5 opinions
1Opinion of the Court
MARDEN, Justice.
On appeal. Appellant was charged with; and convicted for violation of 17 M.R.S.A. § 754 which reads as follows:
“Whoever, with intent to commit a felony or any larceny, breaks and enters- * * * any * * * building in which valuable things are kept, * * * shall be punished * *
The pertinent portion of the indictment in the light of the issue in the case, charges him with breaking and entering “a certain building in which valuable things were taken and then and there kept.”
An illegal entry and the intent to commit larceny is not disputed. The issue is whether or not the State…
2Cases cited5 opinions
- State v. DuncanSupreme Court of Missouri · 1935
- State v. PerleySupreme Judicial Court of Maine · 1894
- State v. GerrishSupreme Judicial Court of Maine · 1885
- Stokes v. StateCourt of Criminal Appeals of Oklahoma · 1961
- Cannon v. StateCourt of Appeals of Georgia · 1966
3Cited by5 opinions
- Busam v. StateIndiana Court of Appeals · 1983
- State v. CooksonSupreme Judicial Court of Maine · 1972
- Spears v. StateCourt of Criminal Appeals of Alabama · 1975
- State v. DaySupreme Judicial Court of Maine · 1972
- State v. DaySupreme Judicial Court of Maine · 1972