People v. Tracy
Michigan Supreme Court
Exceptions before judgment from Hillsdale; Chester, J. "Willis E. Tracy was convicted of burglary. The information in this case contains two counts, the first charging burglary and the second larceny. Respondent was convicted on the first count, which alleged the commission of the crime on October 28, 1896. The property stolen consisted of two large horse blankets, a set of single harness, a bridle, and a pair of hopples. The property was in the buildings when night set in.
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Exceptions before judgment from Hillsdale; Chester, J. "Willis E. Tracy was convicted of burglary. The information in this case contains two counts, the first charging burglary and the second larceny. Respondent was convicted on the first count, which alleged the commission of the crime on October 28, 1896. The property stolen consisted of two large horse blankets, a set of single harness, a bridle, and a pair of hopples. The property was in the buildings when night set in. The owner rose early in the morning, and the property was gone. In March, 1898, some of the property was found secreted…
1Opinion of the CourtGrant, C. J.
(after stating the facts). It is contended that there is no evidence that the crime was committed in the night-time. While the locus of this crime was not in a city, as was the case in People v. Dupree, 98 Mich. 28, yet we think that case controls this. The owner testified that he did his chores early in the morning, but it was after daylight, and he then discovered that the property was gone. The property was bulky, and it is not probable that one would run the risk of breaking into a building situated as these were, in daylight, and of carrying away property of this character. The chance of…
2Cases cited1 opinion
- People v. DupreeMichigan Supreme Court · 1893
3Cited by3 opinions
- People v. DanenbergMichigan Supreme Court · 1913
- State v. RichardsUtah Supreme Court · 1905
- People v. WilliamsCalifornia Court of Appeal · 1922