People v. Lamphere
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTaylor, J.
Appellant has been convicted of burglary in the third degree after previous conviction of a felony. The acts charged were breaking into and entering a building, namely, a Gilbert & Barker gasoline pump, with felonious intent to steal gasoline. The pump is one of those so generally in use for serving the public; it is constructed mainly of metal, cylindrical, standing eight to ten feet high, some twelve inches in diameter, and fastened at its base in the ground or in some construction on the surface of the ground. It contained no storage compartment.
A person who breaks and enters a building,…
2Cases cited1 opinion
- People v. . RichardsNew York Court of Appeals · 1888
3Cited by10 opinions
- People v. BellNew York Court of Appeals · 1953
- State v. DeitchlerCourt of Appeals of Washington · 1994
- Chaney v. StateSupreme Court of Alabama · 1932
- Scott v. StateCourt of Criminal Appeals of Alabama · 1983
- In re the Estate of GallatinNew York Surrogate's Court · 1946
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