Legal Opinion

People v. . Toland

New York Court of Appeals

Decided February 1, 1916PublishedCited by 3 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 25, 1915, which reversed a judgment of the Franklin County Court, rendered upon a verdict convicting the defendant of the crime of burglary in the third degree, and granted a new trial. The facts, so far as material, are stated in the opinion. ■ The acts proven against defendant constituted burglary in the third degree.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 25, 1915, which reversed a judgment of the Franklin County Court, rendered upon a verdict convicting the defendant of the crime of burglary in the third degree, and granted a new trial. The facts, so far as material, are stated in the opinion. ■ The acts proven against defendant constituted burglary in the third degree. (Penal Law, § 404; Rosenthal v. American Bonding Co., 143 App. Div. 143; People v. Gartland, 30 App. Div. 534; McCourt v. People, 64 N. Y. 583; State v.…

1Opinion of the Court

Willard Bartlett, Ch. J.:

The defendant was convicted under the second subdivision of section 404 of the Penal Law, which provides that a person who being in a building commits a crime therein and breaks out of the same is guilty of burglary in the third degree.

A party of three young men including the defendant entered a barn through an open doorway for the purpose of killing a heifer therein and stealing the meat. After they entered, one of them closed the door of the entrance through which they had come and fastened it with a hook or strap so that it remained closed sufficiently to prevent…

2Cases cited2 opinions

  1. State v. WardSupreme Court of Connecticut · 1876
  2. Lawson v. CommonwealthCourt of Appeals of Kentucky · 1914

3Cited by3 opinions

  1. People v. TragniNew York Supreme Court · 1982
  2. Sample v. StateCourt of Special Appeals of Maryland · 1976
  3. People v. Seymour, New York County Courts1961

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