Hyperlawhypertext legal database Tickner v. People 13 N.Y. Sup. Ct. 657

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Tickner v. People

13 N.Y. Sup. Ct. 657 Court N.Y. Gen. Term English

Judges Present — Mulles, P. J., Smith and Gilbert, JJ.

Delivered by Smith, J.

Contents

Majority

p. 657
EDWARD TICKNER, Plaintiff in Error, v. THE PEOPLE, Defendants in Error.

Headnote

Burglary — degree offeree.
Where the door of a house is tightly 'closed, without being either bolted, locked, or fastened, it is burglary to open it and enter the house with the purpose of stealing. . (2 Whart. Crim. Law, § 1541; Curtis v. Hubbard, 1 Hill, 338 ; Bex v. Bussell, 1 Wood, 397; State v. Seed, 20 Iowa, 413 ; People v. Bush, 3 Parker, 552.)
Writ, of error to the Court of Sessions of the county of Onondaga, to review the conviction of the plaintiff in error of burglary in the second degree.
p. 658
Ba/udall & Bandall, for plaintiff in error. . William James, district attorney, for defendants in error.

Opinion by

Present — Mulles, P. J., Smith and Gilbert, JJ.

Judgment affirmed.