State v. Newell
Supreme Court of Vermont
Information for burglary. Plea, not guilty. Trial by jury at the May Term, 1918, Windsor County, Butler, J., presiding. Verdict, guilty. The information did not allege that the crime was committed in the nighttime.
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Information for burglary. Plea, not guilty. Trial by jury at the May Term, 1918, Windsor County, Butler, J., presiding. Verdict, guilty. The information did not allege that the crime was committed in the nighttime. After the verdict, and before judgment on the verdict was rendered, the respondent moved in arrest of judgment for that “the information in said cause in no place alleges that the offence charged was committed in the nighttime, and that no crime is charged against said respondent by said information and because no judgment against him the said Clifford Newell can be lawfully…
1Opinion of the CourtPowers, J.
At common law, the crime of burglary could be committed in the nighttime only. Therefore, a noctanter was necessary to a valid indictment therefor. But under our statute, G-. L. 6858, 6859, it is as much burglary to break and enter in the daytime as it is to break and enter in the nighttime. The effect of the sections referred to is not to make two crimes, but to make two grades of the same crime. The words “in the daytime” are not used in 6859 to define or characterize the offence, but merely to distinguish it from the higher grade of the same offence specified in 6858. The case, then, comes…
2Cases cited4 opinions
- Schwabacher v. PeopleIllinois Supreme Court · 1897
- Commonwealth v. ReynoldsMassachusetts Supreme Judicial Court · 1877
- State v. NeddoSupreme Judicial Court of Maine · 1898
- State v. BurnsSupreme Court of Louisiana · 1912
3Cited by10 opinions
- Buford Linwood St. Clair v. StateCourt of Special Appeals of Maryland · 1967
- Reagan v. StateCourt of Special Appeals of Maryland · 1968
- Ledger v. StateTennessee Supreme Court · 1955
- Henry v. StateCourt of Special Appeals of Maryland · 1974
- State v. ManningSupreme Court of Vermont · 1978
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