Lewis v. State
Supreme Court of Connecticut
IN ERROR. This was an information against Oliver H. P. Lewis for burglary, alleged to be the second offence. After setting forth the former offence, trial and conviction, the information stated, That on the 3d day of August, 1841, at Montville in New-London county, said Lewis did, with force and arms, the store of Timothy W. Turner of said Montville, there situate, in which store goods, wares and merchandize, and moneys of said Turner, were then and there deposited,…
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IN ERROR. This was an information against Oliver H. P. Lewis for burglary, alleged to be the second offence. After setting forth the former offence, trial and conviction, the information stated, That on the 3d day of August, 1841, at Montville in New-London county, said Lewis did, with force and arms, the store of Timothy W. Turner of said Montville, there situate, in which store goods, wares and merchandize, and moneys of said Turner, were then and there deposited, feloniously and burglariously break and enter, with intent the said goods, wares and merchandize and moneys of the said Turner…
1Opinion of the CourtHinman, J.
At the superior court, in New-London county, September term, 1841, the plaintiff in error was convicted of the crime of burglary; and it being a second conviction for the same offence, he was sentenced to confinement in the state prison, for the term of six years.
The information, on which the conviction was had, does not charge the crime to have been committed in the night season, nor does it contain any allegation of the hour when the offence was committed, nor any other allegation from which it appears to have been in the night season.
This is a fatal defect; and the judgment must,…
2Cited by1 opinion
- State v. MooreSupreme Court of Connecticut · 1863