Clark v. State
Wisconsin Supreme Court
ERROR to tbe Municipal Court of Milwaukee County. The facts are sufficiently stated in the opinion. Eor the plaintiff in- error it was argued that the “unfinished dwelling-house,” charged in the information to have been feloniously entered in this case, was but a hasty skeleton of four days’ growth, and not a “ building,” within sec. 4409, R. Sounder which the conviction was had.
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ERROR to tbe Municipal Court of Milwaukee County. The facts are sufficiently stated in the opinion. Eor the plaintiff in- error it was argued that the “unfinished dwelling-house,” charged in the information to have been feloniously entered in this case, was but a hasty skeleton of four days’ growth, and not a “ building,” within sec. 4409, R. Sounder which the conviction was had. That statute creates a new grade of burglary, and must be construed with the greatest strictness. State v. Kane, 63 Wis. 260. This structure was not completed, and therefore was not within either the common or the…
1Opinion of the Court
Cole, O. J.
The plaintiff in error was prosecuted and convicted of the crime of burglary. A motion in arrest of *205judgment was made, principally upon tbe ground that burglary, neither at common law nor as defined by statute, was properly charged in the information. The information charges, in effect, that the plaintiff in error, on the 27th day of August, 1886, at Milwaukee county, “the unfinished dwelling-house of one Fred Frady, then and there in the custody and possession of said Fred Frady, and there situate, in the night of said day, then and there unlawfully, feloniously, and burglariously…
2Cases cited7 opinions
- Barnett's Adm'r v. Barnett's Adm'rCourt of Appeals of Kentucky · 1858
- People v. StickmanCalifornia Supreme Court · 1867
- McGary v. . the PeopleNew York Court of Appeals · 1871
- L. C. & Mil. Railroad v. VanderpoolWisconsin Supreme Court · 1860
- State v. McGowanSupreme Court of Connecticut · 1850
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