Legal Opinion

Hollister v. Commonwealth

Supreme Court of Pennsylvania

Decided January 8, 1869No. 245PublishedCited by 16 opinions

Error to the Court of Oyer and Terminer of Wayne county: No. 245, to January Term 1869. Erastus B. Hollister and J. K. Harris were indicted on the 4th of September 1867 in two counts.

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Error to the Court of Oyer and Terminer of Wayne county: No. 245, to January Term 1869. Erastus B. Hollister and J. K. Harris were indicted on the 4th of September 1867 in two counts. The first count charged that the defendants “ on the fourteenth day of June 1867, about the hour of one of the night of the same day, with force and arms * * the store-house of Stanton & McMullen * * feloniously and burglariously did break and enter, with intent the goods,” &c., &e., * * in said store-house * * then and there feloniously and burglariously to steal, * * and certain goods, &c., in said store-house…

1Opinion of the Court

The opinion of the court was delivered, by

Thompson, C. J.

—The indictment in this case follows the common-law form of an indictment for burglary. It charges that the accused with force and arms, in the night-time, did feloniously and burglariously break and enter the store-house of Stanton k McMullen, in the borough of Waymart, with intent the goods and chattels of the said Stanton & McMullen to steal, take and carry away; and that having so entered he did steal, take and carry away certain of the goods of the said Stanton & McMullen, describing them.

The breaking and entering a store-house,…

2Cases cited1 opinion

  1. State v. MallingSupreme Court of Iowa · 1860

3Cited by16 opinions

  1. Commonwealth v. DeitrickSupreme Court of Pennsylvania · 1908
  2. Armour Transportation Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1939
  3. Commonwealth v. FoxSuperior Court of Pennsylvania · 1956
  4. Commonwealth v. BuserSuperior Court of Pennsylvania · 1980
  5. Commonwealth v. SchoenSuperior Court of Pennsylvania · 1904

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