People v. Stickman
California Supreme Court
Appeal from the County Court, Sacramento County. The defendant moved for a new trial, and for grounds of motion, among others, assigned that the Court erred in refusing certain instructions to the jury, which were requested on his behalf, and to which refusal he, at the time, duly excepted.
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Appeal from the County Court, Sacramento County. The defendant moved for a new trial, and for grounds of motion, among others, assigned that the Court erred in refusing certain instructions to the jury, which were requested on his behalf, and to which refusal he, at the time, duly excepted. The instructions refused were as follows, to wit: “ The breaking and entering, to constitute a burglary, must be into a house, room, apartment, or tenement, or a tent, vessel, or water craft, usually used, or at any time used, as a sleeping place or residence for human beings, or wherein some person…
1Opinion of the Court
By the Court, Saitdebsox, J. :
The defendant was indicted for the crime of burglary and at the trial was convicted. The ease shows that the offense was committed by breaking and entering the chicken house of the prosecutor, in the night time, with intent to steal certain domestic fowls, property of the prosecutor then and there being; that the chicken house is five feet wide, ten feet long and ten feet high, and is formed by partitioning off a portion of the prosecutor’s barn, being under the same roof and a part of the barn; that the barn is twenty-two feet by twenty-seven feet and is…
2Cases cited1 opinion
- People v. MurrayCalifornia Supreme Court · 1857
3Cited by35 opinions
- People v. SparksCalifornia Supreme Court · 2002
- People v. BuyleCalifornia Court of Appeal · 1937
- People v. GarciaCalifornia Supreme Court · 2016
- People v. MorelandCalifornia Court of Appeal · 1978
- People v. ShieldsCalifornia Court of Appeal · 1945
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