Legal Opinion

State v. Bishop

Supreme Court of Vermont

Decided October 15, 1878PublishedCited by 6 opinions

Indictment for burglary. The indictment alleged that “ at about the hour of eleven in the night ” of May 20, 1878, the respondents feloniously and burglariously broke and entered “ the store-house and depot ” of “ The Connecticut and Passumpsic Rivers Railroad Company,” at Barnet, with intent, &c., to steal, and feloniously and burglariously then and there did steal, &c. Plea, not guilty, and trial by jury at the June Term, 1878, Caledonia County, Ross, J., presiding.

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Indictment for burglary. The indictment alleged that “ at about the hour of eleven in the night ” of May 20, 1878, the respondents feloniously and burglariously broke and entered “ the store-house and depot ” of “ The Connecticut and Passumpsic Rivers Railroad Company,” at Barnet, with intent, &c., to steal, and feloniously and burglariously then and there did steal, &c. Plea, not guilty, and trial by jury at the June Term, 1878, Caledonia County, Ross, J., presiding. It appeared that nearly all of the stolen goods were found in a wood about thirty or forty rods from the respondents’ house,…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The respondents are charged in the indictment with the crime of feloniously and burglariously breaking and entering, in the night-time, the depot and storehouse of the railroad with intent, &c., to steal, and that they did then and there feloniously and burglariously steal, &c.

I. The court charged the jury “ that if they found that the respondents broke and entered said depot and storehouse of the railroad in the night-time with intent to steal, and did steal therefrom, they should pronounce them guilty, and that they would be guilty of…

2Cases cited4 opinions

  1. State v. RoeSupreme Court of Vermont · 1840
  2. State v. BugbeeSupreme Court of Vermont · 1849
  3. State v. ButlerSupreme Court of Vermont · 1845
  4. State v. WheelerSupreme Court of Vermont · 1862

3Cited by6 opinions

  1. State v. EbelMontana Supreme Court · 1932
  2. State v. BoudreauSupreme Court of Vermont · 1940
  3. People v. BurleyCalifornia Court of Appeal · 1938
  4. Leisenberg v. StateNebraska Supreme Court · 1900
  5. State v. RogersSupreme Court of Kansas · 1895

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