State v. Cooper
Supreme Court of Vermont
Information in two counts, — alledging in the first count that the respondent burglariously and feloniously entered the dwelling house of one Cyrus Marston, of Berlin, in the night time, with intent to commit a rape, &c., — and, in the second count, that-he entered burglariously, &c., the same dwelling house, in the night time, with intent to commit adultery, &c. The jury returned a verdict of guilty on the second count.
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Information in two counts, — alledging in the first count that the respondent burglariously and feloniously entered the dwelling house of one Cyrus Marston, of Berlin, in the night time, with intent to commit a rape, &c., — and, in the second count, that-he entered burglariously, &c., the same dwelling house, in the night time, with intent to commit adultery, &c. The jury returned a verdict of guilty on the second count. The respondent then filed a motion in arrest of judgment, assigning, as cause, the insufficiency of the second count; which motion the county court overruled, and rendered…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The respondent was indicted for burglary, and was convicted on the second count, — which charges him, in *554substance, with breaking and entering a dwelling house in the night time, with intent to commit adultery.
Our statute makes it burglary for any one, in the night time, to break and enter any dwelling house, &c., with intent to commit the crime of “murder, rape, robbery, larceny, or any other felony.” Adultery was not a felony at common law, nor a crime to be punished in the common law courts. Neither does our statute make it felony.…
2Cited by8 opinions
- Commonwealth v. FreeloveMassachusetts Supreme Judicial Court · 1889
- Robinson v. StateCourt of Appeals of Maryland · 1880
- Cliatt v. StateCourt of Criminal Appeals of Alabama · 1977
- State v. ClarkSupreme Court of Vermont · 1910
- State v. CorlissSupreme Court of Iowa · 1892
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