Legal Opinion

State v. Newbegin

Supreme Judicial Court of Maine

Decided April 15, 1846PublishedCited by 11 opinions

This was an indictment against Edward Newbegin and Samuel L. Barnes for breaking and entering the store of Jeremiah Dow, in Portland, in the night time, and stealing twenty yards of satinett, valued at ten dollars, and was tried at the District Court, Cumberland county, March Term, 1846. Barnes did not appear, and Newbegin was tried alone.

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This was an indictment against Edward Newbegin and Samuel L. Barnes for breaking and entering the store of Jeremiah Dow, in Portland, in the night time, and stealing twenty yards of satinett, valued at ten dollars, and was tried at the District Court, Cumberland county, March Term, 1846. Barnes did not appear, and Newbegin was tried alone. There was evidence tending to show, that said Newbegin was seen coming out of the store between seven and eight of the clock in the evening, of the day alleged in the indictment. The store was occupied by Mr. Dow, as a dry goods store, and was open in the…

1Opinion of the Court

The opinion of the Court was by

Shepley J.

The statute, c. 155, § 11, provides, that if any person, with intent to commit a felony, shall, at any time, break and enter any office, bank, shop, or warehouse, he shall be punished by imprisonment in the state prison. The prisoner was indicted with another person for breaking and entering the shop of Jeremiah Dow, in Portland. He was convicted, and the case is presented on exceptions taken to the instructions, as to what facts were sufficient to constitute the offence of breaking. The facts essential to a decision of the question presented, appear…

2Cited by11 opinions

  1. State v. ThibeaultSupreme Judicial Court of Maine · 1979
  2. State v. JansenSupreme Court of Kansas · 1879
  3. Brooks v. StateCourt of Appeals of Maryland · 1976
  4. State v. CooksonSupreme Judicial Court of Maine · 1972
  5. MacIas v. PeopleSupreme Court of Colorado · 1966

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