People v. Gartland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Gartland, alias, John B. Ooary, from a judgment of the Court of General Sessions of the Peace held in and for the city and county of Hew York, in favor of the plaintiff, rendered on the 6th- day of May, 189J, upon the verdict of a jury convicting him of the crime of burglary in the second degree, and also from an order denying the defendant’s motion for a new trial.
1Opinion of the Court
Patterson, J.:
The prisoner was convicted of the crime of burglary in the second degree, as a second offense, and from the judgment of convic*535tion he now appeals, presenting but a single point for the consideration of the court. The indictment in its first count charged that on the 25th of March, 1897, and during the daytime, he, the prisoner, feloniously and burglariously did break into and enter the dwelling house of one Mary Ryan (there being then and there a human being in the said dwelling house) with the intent to commit some crime therein. The dwelling house referred to in the indictment…
2Cases cited1 opinion
- People v. BushNew York Supreme Court · 1857
3Cited by2 opinions
- State v. YoungSupreme Court of Missouri · 1939
- Rosenthal v. American Bonding Co.Appellate Division of the Supreme Court of the State of New York · 1911