Butler v. People
New York Supreme Court
Error to the recorder’s court of the city of Buffalo. The plaintiff in error was convicted of the offence of burglary in the third degree, at the July term of the recorder’s court in the year 1846. The first count of the indictment charged that the defendant therein, on &c.; at the city of Buffalo, in the county of Erie, with force and arms, the dwelling house of one A. R., there situate, feloniously and burglariously did break and enter, with intent the goods and chattels…
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Error to the recorder’s court of the city of Buffalo. The plaintiff in error was convicted of the offence of burglary in the third degree, at the July term of the recorder’s court in the year 1846. The first count of the indictment charged that the defendant therein, on &c.; at the city of Buffalo, in the county of Erie, with force and arms, the dwelling house of one A. R., there situate, feloniously and burglariously did break and enter, with intent the goods and chattels of the said A. R. in the said dwelling house, then and there being kept for use and deposit, then and there feloniously…
1Opinion of the Court
By the Court, Jewett, J.
Burglary, at the common law, consists in breaking and entering the dwelling house of another in the night time, with intent to commit a felony. (4 Bl. Com. 224.) With us that offence has been divided into three degrees. One definition of the offence in the third degree is the “ breaking and entering into the dwelling house of another in the day time, under such circumstances as would have constituted the offence of burglary in the second degree if committed in the night time.” (2 R. S. 669, § 18.) In the second degree the offence may be committed by “breaking into any…
2Cases cited2 opinions
- People v. RyndersNew York Supreme Court · 1834
- People v. CharlesNew York Supreme Court · 1846
3Cited by3 opinions
- Nicholls v. StateWisconsin Supreme Court · 1887
- State v. NeddoSupreme Judicial Court of Maine · 1898
- Egan v. StateWisconsin Supreme Court · 1908