Johnston v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of FranJclin county: Of May Term 1877, No. 190. Indictment of Ralph L. Rolland and B. Johnston, for burglary and entering with intent to steal. The indictment contained three counts. The first tAvo charged the d'efendant with having committed a burglary in the dAvellinghouse of George R. Messersmith, on the night of the 24th day of March 1876. The third count was founded on the 2d section of the Act of 23d of April 1863, Purd.
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Error to the Court of Oyer and Terminer of FranJclin county: Of May Term 1877, No. 190. Indictment of Ralph L. Rolland and B. Johnston, for burglary and entering with intent to steal. The indictment contained three counts. The first tAvo charged the d'efendant with having committed a burglary in the dAvellinghouse of George R. Messersmith, on the night of the 24th day of March 1876. The third count was founded on the 2d section of the Act of 23d of April 1863, Purd. Dig. 353, Pamph. L. 195, and charged the defendant with having on that night entered the house of Mr. Messersmith with intent to…
1Opinion of the CourtJustice Paxson
The assignments of error from the first to the fifth inclusive, refer to the same question and may be considered together. They allege error in the application by the court below of the doctrine of constructive breaking to the facts of this case. We may remark, in passing, of the first assignment, that the defendant’s third point was affirmed. This left him nothing to complain of. The point itself wholly omits any reference to the felonious intent existing in the mind of the defendant when he rang the door-bell. Without this the point was without point. An entering of the character referred…
2Cited by27 opinions
- Commonwealth Ex Rel. Moszczynski v. AsheSupreme Court of Pennsylvania · 1941
- Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1985
- Commonwealth v. ClarkSuperior Court of Pennsylvania · 1936
- Commonwealth Ex Rel. Russo v. Ashe, WardenCourt of Judicial Discipline of Pennsylvania · 1928
- State v. OrtizNew Mexico Court of Appeals · 1978
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