State v. Lapoint
Supreme Court of Vermont
Information charging burglary. Plea, not guilty. Trial by jury at the September Term, 1912, Chittenden County, Taylor, J., presiding. Verdict, guilty; and judgment thereon. The respondent excepted. The opinion states the case. Respondent’s act in pushing further open the car door that he found open an inch was a “breaking” sufficient to support the charge of burglary.
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Information charging burglary. Plea, not guilty. Trial by jury at the September Term, 1912, Chittenden County, Taylor, J., presiding. Verdict, guilty; and judgment thereon. The respondent excepted. The opinion states the case. Respondent’s act in pushing further open the car door that he found open an inch was a “breaking” sufficient to support the charge of burglary. People v. White, 153 Mich. 617, 17 L. R. A. (N. S.) 1103; Claiborne v. State, 68 L. R. A. 859; Com. v. Stephenson, 8 Pick. 355; State v. Sorensen, 138 N. W. 411; State v. Henderson, 110 S. W. 1078; Hays v. State, 100 S. W. 926;…
1Opinion of the CourtMunson, J.
The respondent was tried on an information in two counts, the first of which -charged burglary and the second larceny; and a conviction was had on the first count. The place entered was a freight car, forming part of a train moving from Richmond to Waterbury. The only direct evidence as to the breaking was that of the respondent, who testified that he and his associate found the door of the car open about an inch, and pushed it open about half way and climbed in. The re*117spondent has raised by several motions and exceptions the question whether this was sufficient to constitute a breaking.
It…
2Cases cited5 opinions
- People v. WhiteMichigan Supreme Court · 1908
- State v. HecoxSupreme Court of Missouri · 1884
- Hunter v. CommonwealthSupreme Court of Virginia · 1850
- Claiborne v. StateTennessee Supreme Court · 1904
- State v. SorensonSupreme Court of Iowa · 1912
3Cited by17 opinions
- State v. HagemanSupreme Court of North Carolina · 1982
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1984
- Gibson v. CommonwealthCourt of Appeals of Kentucky · 1924
- State v. MoehlisSupreme Court of Iowa · 1977
- Ball v. StateIndiana Court of Appeals · 1980
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