State v. Huntley
Oregon Supreme Court
Appeal from Marion: Geo. H. Burnett, Judge. The defendant, A. S. Huntley, was convicted of the crime of burglary under an indictment, the charging part of which is as follows: “ The said A. S. Huntley, on the fifteenth day of November, a.d. eighteen hundred and ninety-two, in the county of Marion, and state of Oregon, then and there being, did then and there unlawfully and feloniously break and enter, in the nighttime, a dwelling-house, in which there was at the time a human…
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Appeal from Marion: Geo. H. Burnett, Judge. The defendant, A. S. Huntley, was convicted of the crime of burglary under an indictment, the charging part of which is as follows: “ The said A. S. Huntley, on the fifteenth day of November, a.d. eighteen hundred and ninety-two, in the county of Marion, and state of Oregon, then and there being, did then and there unlawfully and feloniously break and enter, in the nighttime, a dwelling-house, in which there was at the time a human being, to wit, Isabelle McKillop, with intent to commit the crime of adultery therein, by then and there forcibly…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
The only assignment of error on this appeal is the giving of the following instructions by the trial court: “ To constitute a breaking, within the meaning of the law, it is not necessary that the structure of the dwelling-house should be demolished in any degree. Any unlawful entry into a dwelling-house where there is a human being at the time, with intent to commit a crime therein, would constitute a breaking within the meaning of the statute, although the defendant may have gone in at an open door.” And, “ if you find from the evidence beyond a reasonable doubt…
2Cases cited1 opinion
- Nicholls v. StateWisconsin Supreme Court · 1887
3Cited by9 opinions
- State v. WoolardOregon Supreme Court · 1971
- State v. KeysOregon Supreme Court · 1966
- State v. MorrisOregon Supreme Court · 1965
- State v. CloutierOregon Supreme Court · 1979
- State v. CloutierOregon Supreme Court · 1979
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