Commonwealth v. Taylor
Supreme Court of Pennsylvania
IN ERROR. THE defendant was indicted in the Quarter Sessions of Franklin county for “that he, on the 24th of August “ 1809, about the hour of ten of the clock in the night of “the same day, -with force and arms at Largan township, in “ the county aforesaid, the dwelling house of James Strain “ there situate, unlawfully, maliciously, and secretly did “ break and enter, with intent to disturb the peace of the “ commonwealth; and so being in the said dwelling house, “…
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IN ERROR. THE defendant was indicted in the Quarter Sessions of Franklin county for “that he, on the 24th of August “ 1809, about the hour of ten of the clock in the night of “the same day, -with force and arms at Largan township, in “ the county aforesaid, the dwelling house of James Strain “ there situate, unlawfully, maliciously, and secretly did “ break and enter, with intent to disturb the peace of the “ commonwealth; and so being in the said dwelling house, “ unlawfully, vehemently, and turbulently did make a great “ noise, in disturbance of the peace of the commonwealth, “ and greatly…
1Opinion of the Court
Tilghman C. J.
It is contended on the part of James Taylor, that the matter charged in the indictment is no more than a private trespass, and not an offence subject to a criminal prosecution. On the other hand it has been urged for the commonwealth that the offence is indictable; 1st, as a forcible entry, — 2d, as a malicious mischief.
1. I incline to the opinion that the matter charged in the indictment does not constitute a forcible entry, although no doubt a forcible entry is indictable at common law. There must be actual force to make an indictable offence. The *280bare allegation of its being…
2Cases cited1 opinion
- Respublica v. TeischerSupreme Court of the United States · 1788
3Cited by9 opinions
- Commonwealth v. CosnekSupreme Court of Pennsylvania · 2003
- Heard v. RizzoDistrict Court, E.D. Pennsylvania · 1968
- Commonwealth v. ColemanSupreme Court of Pennsylvania · 1987
- People v. SmithNew York Supreme Court · 1825
- Kilpatrick v. PeopleNew York Supreme Court · 1848
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