State v. Garrison
Supreme Court of Kansas
Appeal from Johnson District Court. At the May term, 1892, George Garrison was convicted of burglary in the second degree and larceny. He appeals. The building in which the information charged the larceny to have been committed was not a shop, store, booth, tent, or warehouse; but, if burglary was committed, it was in a building comprehended under the words “other building.”
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Appeal from Johnson District Court. At the May term, 1892, George Garrison was convicted of burglary in the second degree and larceny. He appeals. The building in which the information charged the larceny to have been committed was not a shop, store, booth, tent, or warehouse; but, if burglary was committed, it was in a building comprehended under the words “other building.” We take the position that both the courts of England and America have interpreted the statutes which specify particular objects and things, and then by a general phrase, ejusdem generis, comprehend others. The authorities…
1Opinion of the Court
*183The opinion of the court was delivered by
Allen, J.:
The defendant was convicted of burglary in the second degree and larceny. The burglary is charged to have been committed in a buggy house, in which there were goods, wares, and merchandise. Appellant’s counsel contend that a buggy house is not included among the buildings in which burglary may be committed. The section of the statute under which the defendant was prosecuted reads as follows:
“Sec. 68. Every person who shall be convicted of- breaking and entering in the night time: First, any building within the curtilage of a dwelling house,…
2Cases cited1 opinion
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