Kilpatrick v. People
New York Supreme Court
Error to the Seneca general sessions. The plaintiff in error was indicted in the sessions in May, 1845, for that he “being an evil disposed person, on the twentieth day of March, 1845, with force and arms, at the town of Ovid, in the county of Seneca aforesaid, unlawfully, wilfully, and maliciously,- did break in pieces and destroy, two windows, in the dwelling house of Moses Cory, (he, the said Moses Cory being the owner of said windows,) to the great damage of the said…
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Error to the Seneca general sessions. The plaintiff in error was indicted in the sessions in May, 1845, for that he “being an evil disposed person, on the twentieth day of March, 1845, with force and arms, at the town of Ovid, in the county of Seneca aforesaid, unlawfully, wilfully, and maliciously,- did break in pieces and destroy, two windows, in the dwelling house of Moses Cory, (he, the said Moses Cory being the owner of said windows,) to the great damage of the said Moses Cory, against the form of the statute in such case made and provided, and against the peace of the people of the…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
The charge in this indictment is, that the defendant below, with force and arms, “ unlawfully, wilfully and maliciously, did break in pieces and destroy two windows in the dwelling house of Moses Cory,” and the jury have found the charge to be true. Upon this the question arises, whether the laws of this state make such an act as is here described an indictable offence.
The indictment alleges that the act was done “ against the form of the statute in such case made and provided;” but we have no such statute as this averment supposes, and the indictment must be…
2Cases cited4 opinions
- Dexter v. SpearU.S. Circuit Court for the District of Rhode Island · 1825
- Commonwealth v. LeachMassachusetts Supreme Judicial Court · 1804
- Loomis v. Edgerton & SykesNew York Supreme Court · 1838
- Commonwealth v. TaylorSupreme Court of Pennsylvania · 1812
3Cited by7 opinions
- Branch v. StateTexas Supreme Court · 1874
- In Re Appeal No. 631, Term 1977Court of Appeals of Maryland · 1978
- Jones v. StateCourt of Appeals of Texas · 1877
- People ex rel. Knatt v. DavyNew York Supreme Court · 1895
- People ex rel. Knatt v. DavyNew York Supreme Court · 1893
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