People v. . Meegan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court m the second judicial department, entered upon an order made May 10,1886, which affirmed a judgment of the Court of Sessions in and for the county of Queens, entered upon a verdict convicting defendant of the crime of burglary in the first degree. The facts, so far as material, are stated in the opinion. district attorney, for respondent. The offense proven was buglary in the first deg'ree.
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Appeal from judgment of the General Term of the Supreme Court m the second judicial department, entered upon an order made May 10,1886, which affirmed a judgment of the Court of Sessions in and for the county of Queens, entered upon a verdict convicting defendant of the crime of burglary in the first degree. The facts, so far as material, are stated in the opinion. district attorney, for respondent. The offense proven was buglary in the first deg'ree. (Penal Code, § 496.) The omission of defendant’s name in the indictment is immaterial, he is named before and after such omission, and is…
1Opinion of the CourtFinch, J.
The prisoner was indicted for burglary in the first degree. The evidence showed that with two or three confederates he broke into an inhabited dwelling-house and held, or aided in holding, one of the inmates while one of his companions attempted to commit a rape upon a female therein residing. The defendant himself testified, admitting his presence in the house and practically denying nothing. The trial court was asked to charge the jury that they might convict the prisoner of a misdemeanor, under section 505 of the Penal Code. The request was refused and an exception was taken. The jury…
2Cases cited1 opinion
- Dedieu v. . the PeopleNew York Court of Appeals · 1860
3Cited by14 opinions
- People v. MussendenNew York Court of Appeals · 1955
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1911
- People v. ClementeAppellate Division of the Supreme Court of the State of New York · 1954
- People v. Yoshio FutamataSupreme Court of Colorado · 1959
- State v. ToughNorth Dakota Supreme Court · 1903
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