Legal Opinion

State v. Brooks

Supreme Court of Connecticut

Decided June 15, 1823PublishedCited by 10 opinions

This was an information against the prisoner, for breaking and entering, in the night season, a store, warehouse, or outhouse, the properly of Eleazar Hale, wherein goods, wares and merchandize were deposited, with an intention to commit theft within the same.

Read the full summary

This was an information against the prisoner, for breaking and entering, in the night season, a store, warehouse, or outhouse, the properly of Eleazar Hale, wherein goods, wares and merchandize were deposited, with an intention to commit theft within the same. On the trial, at Hartford, February term, 1823, before Bristol, J., it appeared, that the building mentioned in the information, was a barn, used, by the owner, for the keeping of his hay, grain, cattle, &c. and was in no way connected with the mansion house, or any other building, but was several rods distant therefrom. In one part of…

1Opinion of the Court

Hosmer, Ch. J.

In the 24th section of the “act concerning crimes and punishments,” (p. 154.) it is enacted, that “every person who shall, in the night season, break and enter the store, shop, ware-house or out-house of another, whether parcel of any mansion-house or not, wherein goods, wares or merchandize are deposited, with an intention to commit theft within the same, and shall be thereof duly convicted, shall suffer imprisonment in new-gate prison, for a term not exceeding three years.”

A statute ought to be construed according to the true intention of the makers. Heydon’s case, 3 Co. Rep.…

2Cited by10 opinions

  1. Firth v. MarovichCalifornia Supreme Court · 1911
  2. Quinn v. . PeopleNew York Court of Appeals · 1878
  3. Robertson v. RobinsonSupreme Court of Alabama · 1880
  4. State v. MarksIdaho Supreme Court · 1927
  5. Commonwealth v. CorreiaMassachusetts Appeals Court · 1983

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API