Koster v. People
Cases that cite this one
12 later published cases cite this decision.
- People v. Young (Mich. 1983)
- People v. Brager (Mich. Ct. App. 1978)
- People v. Levey (Mich. 1919)
- State v. Farnam (Or. 1916)
- People v. Brott (Mich. 1910)
- Gilbert v. State (Neb. 1907)
- State v. McKenna (Utah 1902)
- People v. Hamaker (Mich. 1892)
- People v. Calvin (Mich. 1886)
- Hall v. People (Mich. 1880)
- Byrnes v. People (Mich. 1877)
- People v. Chappell (Mich. 1873)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The statute iinder which this prosecution is had punishes “ every person who shall break and enter, in the night time, any office, shop, railroad depot or warehouse, not adjoining to or occupied with a dwelling house,” with intent to commit felony.
It is a plain principle of law, that where the statutes ommerate several elements as combining to create a crime, the crime can not properly be described without including all these elements. An entry into a shop or warehouse in the night, with intent to commit a felony, is not a crime under this statute unless it also appears that the shop or warehouse is neither adjoining to nor occupied with a dwelling. Burglary at common law must be committed in such a place as is within the definition of a dwelling, which term has received an enlarged signification. Entering other, buildings was not regarded in the same light. In making a pew crime, the Legislature have
The information is defective in not setting forth any offense known to our laws; and the judgment was therefore erroneous, and must be reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.