State v. Jansen
Supreme Court of Kansas
Appeal from, Atchison District Court. At the November Term, 1878, of the district court, George Jansen was charged with, tried for and convicted of the crime of burglary in the second degree, committed August 2, 1878, in the saloon building of M. Marcus, in the city of Atchison. From such conviction he now appeals to this court. The facts are sufficiently stated in the opinion.
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Appeal from, Atchison District Court. At the November Term, 1878, of the district court, George Jansen was charged with, tried for and convicted of the crime of burglary in the second degree, committed August 2, 1878, in the saloon building of M. Marcus, in the city of Atchison. From such conviction he now appeals to this court. The facts are sufficiently stated in the opinion. The essential elements of burglary are a breaking and an entry with intent to steal or commit a felony. If there be no breaking of a security intended to exclude, there can be no burglary. (The State v. Newbegin, 25…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant was convicted, in the district •court of Atchison county, of the crime of burglary in the second degree, and from such conviction has brought this .appeal. /■
*505insufficient^^’ defense; when guutiscom*503The first question which we shall notice is that sought to *504be raised in the district court by a demurrer to the state’s-evidence. Waiving any inquiry into the propriety of such a practice as that pursued by counsel, let us inquire whether,, upon the testimony presented, there was a case which ought-to have gone to the jury, and which now…
2Cases cited2 opinions
- Horne v. StateSupreme Court of Kansas · 1862
- State v. NewbeginSupreme Judicial Court of Maine · 1846
3Cited by21 opinions
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- People v. LanzitCalifornia Court of Appeal · 1925
- Moss v. StateCourt of Criminal Appeals of Oklahoma · 1910
- In re WellcomeMontana Supreme Court · 1899
- Shouquette v. StateCourt of Criminal Appeals of Oklahoma · 1923
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