Legal Opinion

State v. Davenport

New York Court of General Session of the Peace

Decided September 23, 1909No. 37PublishedCited by 3 opinions

Indictment for breaking and entering a railroad freight car with intent to commit larceny under Chapter 206, Volume 23, Laws of Delaware.

1Opinion of the CourtPennewill, C. J.

charging the jury:

Gentlemen of .the jury: — The defendants are charged in this indictment with unlawfully breaking and entering a certain car of the Philadelphia, Baltimore and Washington Railroad Company, in this city on the eighteenth day of May of the present year with intent to steal the goods and chattels then and there being in said car.

The indictment is based upon a statute of this state being Chapter 206, Volume 23, Laws of Delaware, which reads as follows:

“That if any person shall break and enter any car, caboose or locomotive, or wilfully or maliciously with or without breaking,…

2Cases cited1 opinion

  1. Jacoby v. BolenSuperior Court of Delaware · 1907

3Cited by3 opinions

  1. State v. GendusaSupreme Court of Louisiana · 1939
  2. Terry v. Pennsylvania RailroadSuperior Court of Delaware · 1931
  3. State v. EdellNew York Court of General Session of the Peace · 1935

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