Thompson v. People
New York Supreme Court
This was a writ of error to the Chenango Oyer and Terminer, where the prisoner was convicted of burglary in the second degree. The facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtMason, J.
The defendant was indicted under the twelfth section of article two, part four, chapter one of the Revised Statutes, which enacts that “ every person who shall be convicted of breaking into any dwelling-house in the'nighttime, with intent to commit a crime, but under such circumstances as shall not constitute the offence of burglary in the first degree, shall be deemed guilty of burglary in the second degree.” (2 R. S., 668, § 12.) There is but one count in the indictment in this case, which charges “that Richard Thompson, late of the town of Oxford, in the county of Chenango aforesaid, on…
2Cases cited3 opinions
- People v. TaylorNew York Supreme Court · 1846
- People v. RyndersNew York Supreme Court · 1834
- People v. TredwayNew York Supreme Court · 1848
3Cited by2 opinions
- Manke v. . PeopleNew York Court of Appeals · 1878
- State v. BrownSupreme Court of Missouri · 1877