McCourt v. . People
New York Court of Appeals
Error to the General Term of the Supreme Court in the third judicial department to review a judgment of the Court of Sessions in and for the county of Essex, entered upon a verdict convicting plaintiff in error of the crime of burglary and larceny. The indictment contained three counts: First. Burglary in the second degree. Second. Burglary in the third degree. Third. Larceny. The intended crime charged in each count was to steal cider.
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Error to the General Term of the Supreme Court in the third judicial department to review a judgment of the Court of Sessions in and for the county of Essex, entered upon a verdict convicting plaintiff in error of the crime of burglary and larceny. The indictment contained three counts: First. Burglary in the second degree. Second. Burglary in the third degree. Third. Larceny. The intended crime charged in each count was to steal cider. On the 30th September, 1871, between eight and eleven A. m., plaintiff in error, with his brother and another companion, stopped at the house of the…
1Opinion of the CourtAndrews, J.
There was evidence authorizing the submission to the jury of the question whether the prisoner gained admission to the cellar by opening the door from the cellar-way. This door was an outer door of the house. The fact that there was another door opening outwardly before reaching it, did not make it an inner door of the house. Like a storm-door, the outer door was a barrier to the approach to the outer door of the house, and access to the house could not be obtained until the second door was opened. If, therefore, the prisoner in entering the cellar unlatched the door immediately communicating…
2Cited by30 opinions
- People v. MackeyNew York Court of Appeals · 1980
- People v. GordonNew York Court of Appeals · 2014
- State v. . AllenSupreme Court of North Carolina · 1923
- People v. DevineCalifornia Supreme Court · 1892
- State v. RechnitzMontana Supreme Court · 1898
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