Koster v. People

Michigan Supreme Court

Koster v. People

8 Mich. 431, 1860 Mich. LEXIS 53

CourtMichigan Supreme Court

DecidedJuly 9, 1860

StatusPublished

Cited by14 cases

This text of 8 Mich. 431 (Koster v. People) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Koster v. People, 8 Mich. 431, 1860 Mich. LEXIS 53 (Mich. 1860).

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Opinion

Campbell J.:

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 [433]*433seen fit to select a peculiar class of buildings; and it can not be enlarged or varied.

The information is defective in not setting forth any offense known to our laws; and the judgment was therefore erroneous, and must be reversed.

Manning & Ciiristiancy JJ. concurred. Martin Cii. J. was absent.

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Campbell J.:

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 [433]*433seen fit to select a peculiar class of buildings; and it can not be enlarged or varied.

The information is defective in not setting forth any offense known to our laws; and the judgment was therefore erroneous, and must be reversed.

Manning & Ciiristiancy JJ. concurred. Martin Cii. J. was absent.

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Bluebook (online)

8 Mich. 431, 1860 Mich. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koster-v-people-mich-1860.

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