People v. Murray
California Supreme Court
Appeal from the Court of Sessions of the County of El Dorado. Indictment, trial, and conviction, for burglary. The indictment charges the defendant with feloniously and burglariously breaking and entering, in the night-time, the dwelling-house of one George S. Vaughn, with intent the goods of the said Vaughn in the said dwelling-house then and there being, feloniously and burglariously to steal, take, and carry away, without specifying the value of the goods intended to be…
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Appeal from the Court of Sessions of the County of El Dorado. Indictment, trial, and conviction, for burglary. The indictment charges the defendant with feloniously and burglariously breaking and entering, in the night-time, the dwelling-house of one George S. Vaughn, with intent the goods of the said Vaughn in the said dwelling-house then and there being, feloniously and burglariously to steal, take, and carry away, without specifying the value of the goods intended to be stolen. The indictment then continues in the same count to charge the prisoner with stealing certain specified articles…
1Opinion of the Court
Burnett, J., after stating the facts, delivered the opinion of the Court—Field, J., concurring.
Burglary, at common law, is the breaking and entering the dwelling-house of another, in the night, with intent to commit some felony within the same, whether the felonious intent be executed or not. Wharton’s Crim. Law, 511.
The fifty-eighth section of our statute concerning crimes and punishments, (Wood’s Digest, 336,) says : “ with intent to commit murder, robbery, rape, mayhem, larceny, or other felony.” And felony is defined to be “ a public offence, punishable with death, or by imprisonment in a…
2Cited by4 opinions
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