State v. Copenhaver
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. W. F. Copenhaver was convicted of burglary in the second degree, and appeals from the judgment of conviction. Citing: People v. Jefferson, 52 Cal. 454; Bromley v. People, 150 111. 297, 39 N. E. 209; State v. Johnson, 35 La. Ann. 842; Guyness v. State, 25 Tex. App. 584, 8 S. W. 667.
1Opinion of the CourtChief Justice Brantly
The defendant, having been charged by information with the crime of burglary in the first degree—that is, in the nighttime— was found guilty of burglary in the second degree, or burglary in the daytime. The court pronounced judgment upon the verdict accordingly. From this judgment he has appealed, and insists that it cannot be sustained, for the reason that he has been convicted of an offense with which he is not charged.
The sections of the Penal Code defining burglary and providing its punishment are the following:
“Sec. 820. Every person who enters any house, room, apartment, tenement, shop,…
2Cases cited12 opinions
- Bruen v. PeopleIllinois Supreme Court · 1903
- Schwabacher v. PeopleIllinois Supreme Court · 1897
- People v. JeffersonCalifornia Supreme Court · 1877
- People v. BarnhartCalifornia Supreme Court · 1881
- State v. AlexanderSupreme Court of Missouri · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. BoardMontana Supreme Court · 1959
- State v. BarkerMontana Supreme Court · 1993
- State v. PippiMontana Supreme Court · 1921
- State v. MishMontana Supreme Court · 1907
- State v. BlackMontana Supreme Court · 1995
15 more not listed; retrieve them via the Exa API.