State v. Snow
New York Court of General Session of the Peace
Irdictmert for breaking and entering the dwelling house of Ichabod A. Sellard, in East Dover Hundred, in the night time, with intent to commit larceny. The defendant at the trial admitted that he entered the house of the prosecuting witness, the door not being locked; but denied any felonious intent; claiming it was done through a mistake; that owing to his intoxicated condition he thought he was entering the house of his employer where" he lived.
1Opinion of the Court
Lore, C. J.,
charging the jury :
Gentlemen of the jury:—George Snow, the prisoner, is charged in this indictment with having, in the night time, broken and *261entered the dwelling house of one Ichabod A. Sellard, in this county, and with intent to commit larceny.
That crime is, under the law as it now stands, of a two-fold nature. That is, the breaking and entering of a dwelling house is a crime in itself under our statute if it is unlawfully or wilfully done, and added to that is the intent to commit larceny.
We have been asked by the defendant’s counsel to charge you upon certain points.
First.…
2Cited by3 opinions
- United States v. PoppittDistrict Court, D. Delaware · 1964
- Ex Parte PeoplesCourt of Criminal Appeals of Oklahoma · 1940
- State v. EdellNew York Court of General Session of the Peace · 1935