Fellinger v. People
New York Supreme Court
Writ of error to New York General Sessions. John Fellinger, the plaintiff in error, was convicted of burglary in the first degree, by the New York General Sessions, October 9,1887, and sentenced to imprisonment, in the- state-prison, for life. In October, 1862,' the prisoner obtained a-writ of error. The court below returned the record.
Read the full summary
Writ of error to New York General Sessions. John Fellinger, the plaintiff in error, was convicted of burglary in the first degree, by the New York General Sessions, October 9,1887, and sentenced to imprisonment, in the- state-prison, for life. In October, 1862,' the prisoner obtained a-writ of error. The court below returned the record. The material part of the indictment relied on' by the People, as charging the crime of burglary in the first degree, was as follows : That John Fellinger, late of the Eighteenth Ward of the city, &c., on, &c., “ with force and arms, about the hour of twelve…
1Opinion of the Court
By the Court.—Ingraham, P. J.
The prisoner was indicted for burglary, was tried and convicted of burglary in the first degree, and sentenced to the state-prison for life. The case comes before us on a writ of error.
The alleged error is in the indictment. This indictment charges that the prisoner, on a certain day, during the night of the same day, did break and enter the dwelling-house of one Reinhardt, while there were human beings within the said house, with intent to commit some crime therein.
The prisoner’s counsel contends that this indictment does not charge the crime of burglary in the…
2Cases cited6 opinions
- People v. TaylorNew York Supreme Court · 1846
- People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
- Dedieu v. . the PeopleNew York Court of Appeals · 1860
- People v. AllenNew York Supreme Court · 1847
- Biggs v. PeopleNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. YoungSupreme Court of Missouri · 1939
- United States v. Miguel AlanizCourt of Appeals for the Ninth Circuit · 2023
- United States v. Raymon Doug RisnerCourt of Appeals for the Sixth Circuit · 2025
- Fitzgerrold v. PeopleNew York Court of Appeals · 1868
- United States v. Raymon Doug RisnerCourt of Appeals for the Sixth Circuit · 2025