· 4/15/1878
Burlington & Missouri River Railroad v. Robert Dick & Son
Citations
- 7 Neb. 242
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- the defendant was presumably granted entry by the resident as a door-to-door salesman, and he killed the resident soon after gaining entry
- invitee is no longer privileged to remain in a private home once he knows his privilege is terminated
- where act of violence is directed at person with ability and authority to revoke privilege of initial entry, strong inference arises that privilege to remain is terminated
- One who lawfully enters premises becomes trespasser subject to conviction for burglary by virtue of commission of felony on premises.
- “even assuming lawful initial entry, the jury was justified in inferring from the evidence that appellant’s privilege to remain in [the] home terminated the moment he commenced his assault on her”
- “[E]ven assuming lawful initial entry, the jury was justified in inferring from the evidence that appellant's privilege to remain in [the victim’s] home terminated the moment he commenced his assault on her.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gantt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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