23 Cited authorities

  1. Blockburger v. United States

    284 U.S. 299 (1932)   Cited 9,041 times   19 Legal Analyses
    Holding that for the purposes of the Double Jeopardy Clause, "the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not"
  2. Drinkard v. Walker

    281 Ga. 211 (Ga. 2006)   Cited 258 times
    Holding that certain offenses may be merged and multiple punishment may be precluded, when the same conduct establishes the commission of more than one crime
  3. People v. Muniz

    74 N.Y.2d 464 (N.Y. 1989)   Cited 135 times   1 Legal Analyses
    Holding that the inquiry of whether an out-of-state conviction constitutes a predicate offense in New York is ordinarily limited to a comparison of penal statutes
  4. People v. Jurgins

    2015 N.Y. Slip Op. 9311 (N.Y. 2015)   Cited 59 times   1 Legal Analyses
    Noting that "the parties agree that a taking ‘by sudden or stealthy seizure or snatching’ would not be considered a robbery or other felony in New York"
  5. People v. Olah

    300 N.Y. 96 (N.Y. 1949)   Cited 223 times
    In Olah, the eminent expert on criminal practice, Judge Stanley H. Fuld, put the matter succinctly: "[T]he crime, i.e., the operative facts which constitute the criminal offense as defined by the statute, cannot be extended or enlarged by allegations in the indictment or by evidence at trial."
  6. Coleman v. State

    318 Ga. App. 478 (Ga. Ct. App. 2012)   Cited 15 times
    Holding that the indictment was sufficient to charge attempted burglary when it tracked the applicable statute and apprised the defendant of both the crime and the manner in which it was alleged to have been committed
  7. People v. Helms

    141 A.D.3d 1138 (N.Y. App. Div. 2016)   Cited 6 times

    07-08-2016 The PEOPLE of the State of New York, Respondent, v. Marlo S. HELMS, Defendant–Appellant. Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for Respondent. Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for Respondent. PRESENT: SMITH

  8. Daniel v. State

    787 S.E.2d 281 (Ga. Ct. App. 2016)   Cited 5 times

    A16A0587 06-07-2016 Daniel v. The State. Gerard Bradley Kleinrock, Decatur, for Appellant. Paul L. Howard Jr., Dist. Atty., Atlanta, Marc A. Mallon, Asst. Dist. Atty., for Appellee. McFadden, Judge. Gerard Bradley Kleinrock, Decatur, for Appellant. Paul L. Howard Jr., Dist. Atty., Atlanta, Marc A. Mallon, Asst. Dist. Atty., for Appellee. Opinion McFadden, Judge. After a jury trial, Desmond Daniel was convicted of burglary. He appeals, challenging the sufficiency of the evidence, the lack of a jury

  9. People v. Hall

    158 A.D.2d 69 (N.Y. App. Div. 1990)   Cited 30 times
    Holding that the evidence established that the infant was born alive and thus was a "person" within the meaning of the homicide statute, and that defendant's manslaughter conviction for the death of the infant did not violate either due process or equal protection
  10. Botelho v. State

    268 Ga. App. 129 (Ga. Ct. App. 2004)   Cited 10 times

    A04A0349. DECIDED JUNE 28, 2004. Burglary. Wilkes Superior Court. Before Judge Dunaway. Michael O. Horgan, for appellant. Dennis C. Sanders, District Attorney, William P. Doupé, Assistant District Attorney, for appellee. ADAMS, Judge. Jonathan Botelho appeals after a jury convicted him of burglary. He contends that there was insufficient evidence to enable the jury to find him guilty of burglary and further contends that he received ineffective assistance of counsel. In addition, Botelho argues that

  11. Section 16-7-1 - Burglary

    Ga. Code § 16-7-1   Cited 722 times
    Defining burglary
  12. Section 16-2-2 - Effect of misfortune or accident on guilt

    Ga. Code § 16-2-2   Cited 155 times
    Excluding an accident defense where there was criminal intention or criminal negligence
  13. Section 16-3-5 - Mistake of fact

    Ga. Code § 16-3-5   Cited 73 times
    Defining mistake of fact
  14. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review