Legal Opinion

State v. Behee

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 16 opinions

Appeal from Leavenworth District Court. Behee was charged by information with the commission of certain acts, constituting burglary in the second degree if committed in the night, and burglary in the third degree if committed in the day-time. The allegation as to time, is, “that George W. Behee, at said county of Leavenworth, on the 17th of July 1876, and in the night-time of said day/’ etc.

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Appeal from Leavenworth District Court. Behee was charged by information with the commission of certain acts, constituting burglary in the second degree if committed in the night, and burglary in the third degree if committed in the day-time. The allegation as to time, is, “that George W. Behee, at said county of Leavenworth, on the 17th of July 1876, and in the night-time of said day/’ etc. Trial at September Term 1876. Verdict of guilty of burglary in the third degree, and petit larceny. New trial refused, and defendant was sentenced to imprisonment in the penitentiary for two-and-a-half…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The defendant George W. Behee was charged under § 63 of the act relating to crimes and punishments with having on the 17th of July 1876, and in the *404night-time of said day, committed burglary in the second degree, and was thereon convicted of burglary in the third degree under § 69 of the same act. Section 69 provides that, “Every person who shall be convicted of breaking and entering, in the day-time, any dwelling-house, or other building, or any shop, store, booth, tent, boat or vessel, under such circumstances as would have constituted…

2Cases cited2 opinions

  1. State v. AlexanderSupreme Court of Missouri · 1874
  2. Williams v. StateSupreme Court of Georgia · 1872

3Cited by16 opinions

  1. State v. AdamsSupreme Court of Kansas · 1878
  2. State v. LoudermilkSupreme Court of Kansas · 1976
  3. State v. HoblSupreme Court of Kansas · 1921
  4. State v. CopenhaverMontana Supreme Court · 1907
  5. People v. SmithCalifornia Supreme Court · 1902

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