Sunday, November 17, 2013

People v. Dupree case brief

People v. Dupree case brief summary
56 N.W. 1046 (1893)

Defendant appealed from a judgment of a trial court in Saginaw (Michigan) that, following a jury trial, convicted him of burglary. The trial court also overruled defendant's motion to discharge him.

The complaining witness operated a shoe store from his home. He discovered shoes missing from his store one morning and also noticed that the window in the store was open. Defendant, who had been alone in the store two days earlier, was convicted of the offense. The prosecution asserted that defendant, while he was alone in the store, raised the window just enough to prevent the bolt from locking automatically. This permitted his late-night entry two days later.


  • On appeal, the court affirmed the judgment, finding that the trial court properly overruled defendant's motion for a discharge. 
  • The court also held that the jury properly was instructed regarding the definition of the term "night-time," and that the evidence supported the jury's finding that the entry into the store occurred within that period. 
  • The court then ruled that the trial court did not err when it concluded that the room dedicated to the shoe store was a part of the dwelling, for purposes of the burglary offense. 
  • Further, the offense of burglary encompassed defendant's actions to prevent the window from locking before the night of his intrusion. 
  • Circumstantial evidence provided a sufficient basis for conviction.

The court affirmed the judgment.

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