3 Del. 554 (Del.Oyer.Ter. 1842), State v. Cocker

Citation3 Del. 554
Party NameTHE STATE v. BENJAMIN COCKER.
AttorneyWales, for the prisoner.
CourtCourt of Oyer and Terminer of Delaware

Page 554

3 Del. 554 (Del.Oyer.Ter. 1842)

THE STATE

v.

BENJAMIN COCKER.

Court of Oyer and Terminer of Delaware.

1842

Fall Sessions, 1842

A person indicted for breaking and entering a warehouse with intent to steal; and also with stealing; may be convicted of the larceny simply.

The prisoner was indicted for breaking and entering in the night time the warehouse of C. I. du Pont, with intent to commit a larceny; and also for feloniously stealing therein the goods of the said C. I. du Pont.

It appeared that the warehouse belonged to Mr. du Pont and others, but was in his exclusive possession; and the court held this to be sufficient to meet the allegation of property in him alone.

The prisoner was acquitted of breaking the warehouse, but convicted of the larceny; and the court held the conviction right, and...

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