State v. Cooper
Cases that cite this one
8 later published cases cite this decision.
- State v. Clark (Vt. 1910)
- Cliatt v. State (Ala. Crim. App. 1977)
- People ex rel. Sheldon v. Curtin (Appellate Division of the Supreme Court of New York 1912)
- State v. Corliss (Iowa 1892)
- Commonwealth v. Freelove (Mass. 1889)
- Town of Baltimore v. Town of Chester (Vt. 1881)
- Robinson v. State (Md. 1880)
- Crouse v. State (Ark. 1855)
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 opinion of the court was delivered by
The respondent was indicted for burglary, and was convicted on the second count, — which charges him, in
Our statute makes it burglary for any one, in the night time, to break and enter any dwelling house, &c., with intent to commit the crime of “murder, rape, robbery, larceny, or any other felony.” Adultery was not a felony at common law, nor a crime to be punished in the common law courts. Neither does our statute make it felony. Nor does it come within any definition of felony, which can be found. Until the legislature think proper to declare the transaction, of which the respondent was found guilty, an offence, we cannot determine it so to be.
The judgment of the county court is reversed, and judgment arrested.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.