Legal Opinion

Commonwealth v. Brown

Supreme Court of Pennsylvania

Decided January 6, 1832PublishedCited by 10 opinions

The prisoner, James Brown, was found guilty of burglary, at a court of Oyer and Terminer, held by the Chief Justice and Mr. Justice Ross, on the 27th November, 1830. His counsel moved for a new trial, and in arrest of judgment.

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The prisoner, James Brown, was found guilty of burglary, at a court of Oyer and Terminer, held by the Chief Justice and Mr. Justice Ross, on the 27th November, 1830. His counsel moved for a new trial, and in arrest of judgment. “ 1st. Because the verdict was against and without sufficient evidence in this; that the only evidence against the prisoner, of breaking and entering in the night time, was his own confession, which was obtained from him by the constable, by holding out to him the hope of impunity. “ 2d. Because the verdict was against law in this; that the house of the prosecutor was…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

As regards the point involved in the motion for a new trial, there is little doubt of the law at the period material tothe question. . “ It is agreed by all,” says Sergeant Hawkins, “ that a house wherein a-man dwells but for a part of the year; or a house which one has hired to live in, and brought part of his goods into it, but has not yet lodged in, may be called his dwelling house, and will sufficiently satisfy the words domus mansionalis in the indictment, whether any person were actually therein or not at the time of the offence.”…

2Cited by10 opinions

  1. State v. ReidSupreme Court of Iowa · 1866
  2. Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1979
  3. State v. TaylorSupreme Court of Missouri · 1896
  4. People v. MorrisonCourt Of Oyer And Terminer New York · 1854
  5. Bigham v. StateCourt of Criminal Appeals of Texas · 1892

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