State v. Crawford
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. John Crawford was indicted for burglary in the third degree and acquitted by direction of the Court, and the state appeals. The appeal in this case is by the state pursuant,to Subd. 5, § 8329, Rev. Codes. The boring of holes into a granary and thereby extracting grain therefrom is such a breaking and entering of the building as to constitute-burglary. 2 Bish. New. Cr. L. § 92, Subd. 2 and 3; 2 Whart. Cr.
Read the full summary
Appeal from District Court, Cass County; Pollock, J. John Crawford was indicted for burglary in the third degree and acquitted by direction of the Court, and the state appeals. The appeal in this case is by the state pursuant,to Subd. 5, § 8329, Rev. Codes. The boring of holes into a granary and thereby extracting grain therefrom is such a breaking and entering of the building as to constitute-burglary. 2 Bish. New. Cr. L. § 92, Subd. 2 and 3; 2 Whart. Cr. L. § 1549, 1550. In England it was held that the sending of a child of tender years into a building take property, was sufficient entry to…
1Opinion of the CourtWallin, J.
The record in this case shows that the defendant was charged with the crime of burglary in the third degree, by an information filed against him by the state’s attorney of the county of Cass, and that the defendant pleaded not guilty to such charge, whereupon a trial was had. At the close of the testimony offered in behalf of the state, and on motion of counsel for the defendant, the trial court advised and practically directed a verdict of acquittal, and such verdict was accordingly returned. The defendant was then discharged from custody, despite the protest of the state’s attorney, who…
2Cases cited1 opinion
- Walker v. StateSupreme Court of Alabama · 1879
3Cited by11 opinions
- State v. LibertySupreme Judicial Court of Maine · 1971
- People v. WaltersCalifornia Court of Appeal · 1967
- United States v. David BrownCourt of Appeals for the Sixth Circuit · 2020
- State v. O'LEARYNew Jersey Superior Court Appellate Division · 1954
- People v. OseguedaAppellate Division of the Superior Court of California · 1984
6 more not listed; retrieve them via the Exa API.