Quinn v. . People
New York Court of Appeals
Error to the General Term of the Supreme Court, in the second judicial department, affirming a judgment of the Court of Sessions of Richmond county, convicting the plaintiff in error of the crime of burglary in the first degree. (Reported below, 11 Hun, 336.) The indictment charged plaintiff in error with the breaking and entering, in the night time, “ the dwelling-house of Frederick Iiohnsen and JohnF.
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Error to the General Term of the Supreme Court, in the second judicial department, affirming a judgment of the Court of Sessions of Richmond county, convicting the plaintiff in error of the crime of burglary in the first degree. (Reported below, 11 Hun, 336.) The indictment charged plaintiff in error with the breaking and entering, in the night time, “ the dwelling-house of Frederick Iiohnsen and JohnF. Lubkin, being copartners in business under the firm-name and style of Iiohnsen & Lubkin.” Iiohnsen & Lubkin were partners as alleged, and held and occupied two adjoining buildings, the lower…
1Opinion of the Court
Folger, J., The plaintiff in error was indicted of the crime of burglary in the first degree, under the section of the Bevised Statutes defining that crime. (2 R. S., p. 668, § 10, subd. 1.) The crime, as there defined, consists in breaking into, and entering in the night-time, in the manner there specified, the dwelling-house of another, in which there is at the time some human being, with, the intent to commit some crime therein. The evidence given upon the trial showed clearly enough the breaking and entering, and the criminal intent. The questions mooted in this court are, whether it is…
2Cases cited2 opinions
- Ex parte VincentSupreme Court of Alabama · 1855
- State v. BrooksSupreme Court of Connecticut · 1823
3Cited by23 opinions
- People v. BarneyNew York Court of Appeals · 2003
- People v. McCrayNew York Court of Appeals · 2014
- People v. GlandaAppellate Division of the Supreme Court of the State of New York · 2004
- People v. QuattlebaumNew York Court of Appeals · 1998
- People v. AveniAppellate Division of the Supreme Court of the State of New York · 2012
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