People v. Bush
New York Supreme Court
Certiorari to the Court of Sessions of Kings county, where the defendant was convicted of burglary in the second degree. The indictment in this case charged the defendant with burglary in the second degree, in breaking and entering the dwelling-house of one John Wood, on the 18th of May, 1857, by breaking an outer door, and stealing one pair of pantaloons of the value of six dollars.
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Certiorari to the Court of Sessions of Kings county, where the defendant was convicted of burglary in the second degree. The indictment in this case charged the defendant with burglary in the second degree, in breaking and entering the dwelling-house of one John Wood, on the 18th of May, 1857, by breaking an outer door, and stealing one pair of pantaloons of the value of six dollars. The evidence showed that John Wood and his family occupied apartments at 258 Myrtle-avenue, consisting of the basement, first floor and part of the third floor; that the rest of the house was occupied by other…
1Opinion of the Court
By the Court, S. B. Strong, P. J.
The defendant was convicted of the crime of burglary in the second degree, at a Court of Sessions in the county of Kings. • Several objections were raised, by his counsel, to fhe. proceedings during the trial, and have been repeated in this court, the more material of which I shall consider.
The indictment charges that the crime was committed in the dwelling-house of John Wood. He occupied two apartments in the house, and there were' several tenanted by *557others. The outer or hall door was common to all the occupants. The rooms occupied by Wood constituted his…
2Cited by2 opinions
- People v. GartlandAppellate Division of the Supreme Court of the State of New York · 1898
- Rosenthal v. American Bonding Co.Appellate Division of the Supreme Court of the State of New York · 1911