People v. Gibson
Michigan Supreme Court
Error to Saginaw. (Gage, J.)' Information for burglary. Respondent brings error! Though burglary is an offense that must be committed in the darkness of night (Pish. Stat. Or. § 276; Rose. Crim. Ev. 345; 1 Hale P. C. 560; Rex v. Tandy 1 C. & P. 297; People v. Griffin 19 Oal. 578 ; State v. Bancroft 10 N. H. 105), and the breaking must be done by night, the entire crime is not confined to one night: Tiff. Or. Law 617; 2 Whart. Or.
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Error to Saginaw. (Gage, J.)' Information for burglary. Respondent brings error! Though burglary is an offense that must be committed in the darkness of night (Pish. Stat. Or. § 276; Rose. Crim. Ev. 345; 1 Hale P. C. 560; Rex v. Tandy 1 C. & P. 297; People v. Griffin 19 Oal. 578 ; State v. Bancroft 10 N. H. 105), and the breaking must be done by night, the entire crime is not confined to one night: Tiff. Or. Law 617; 2 Whart. Or. L. § 1592; anything connected with the main crime is res gestae to prove it: 1 Gfreenl. Ev. § 108 ; "VYhart. Am. Or. L. § 828; Bish. Or. Pro. § 493 ; People v. Mead…
1Opinion of the CourtMorse, C. J.
The defendant was convicted of burglary in the circuit court for the county of Saginaw. The evidence on the part of the prosecution, being principally that of one Alexander Erey, corroborated by his wife, was to the effect that on the night of July 4th, 1883, the defendant proposed to said Erey, at whose house he was stopping, to go to the dwelling-house of one John Byrne, in Lakefield, Saginaw county, and go through it; that about ten o’clock in the evening they proceeded to Byrne’s house, and defendant took out a pane of glass and entered, and handed out to Erey about thirty pounds of pork,…
2Cases cited1 opinion
- People v. MeadMichigan Supreme Court · 1883
3Cited by2 opinions
- People v. O'BrienMichigan Supreme Court · 1886
- Commonwealth v. BoldenMassachusetts Supreme Judicial Court · 2014