Howard v. State
Wisconsin Supreme Court
Error to review a judgment of the circuit court for La Crosse county: J. J. Fruit, Circuit Judge. This action is before this court on a writ of error to review the judgment of the circuit court which sentenced the plaintiff in error to imprisonment at the state prison for the term of six years, he having been found guilty of “wilfully, feloniously, and burglariously” breaking and entering “in the nighttime of a certain day a certain building and schoolhouse, not adjoining…
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Error to review a judgment of the circuit court for La Crosse county: J. J. Fruit, Circuit Judge. This action is before this court on a writ of error to review the judgment of the circuit court which sentenced the plaintiff in error to imprisonment at the state prison for the term of six years, he having been found guilty of “wilfully, feloniously, and burglariously” breaking and entering “in the nighttime of a certain day a certain building and schoolhouse, not adjoining with nor occupied as a dwelling house, . . . the joint property of joint school district No. 10 of the towns of Hamilton…
1Opinion of the CourtSiebecker, J.
The information charges that the plaintiff in error burglariously broke and entered a schoolhouse in the nighttime with intent to steal the property then therein. It is urged that the alleged charge does not constitute an offense within the criminal law of this state. It is manifest that the information attempts to charge an offense under sec. 4409, Stats. (1898). Originally this statute was embodied in R. S. 1849, ch. 134, sec. 11, which made it an offense to “break and enter in the nighttime any office, shop or warehouse not adjoining to or occupied with a dwelling house, . . . with intent…
2Cases cited2 opinions
- People v. . SicklesNew York Court of Appeals · 1898
- Ingalls v. StateWisconsin Supreme Court · 1880
3Cited by29 opinions
- Champlain v. StateWisconsin Supreme Court · 1972
- Block v. StateWisconsin Supreme Court · 1968
- State v. KennedyWisconsin Supreme Court · 1962
- Belter v. StateWisconsin Supreme Court · 1922
- State v. MeyerWisconsin Supreme Court · 1951
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