Nichols v. State
Supreme Court of Wisconsin
32 N.W. 543 (1887)
Relevant factsFree
Nichols (defendant) arranged to have himself shipped inside a box loaded into a train's freight car, planning to rob the train and prepared to kill anyone who tried to stop him, but was discovered before he could carry out the robbery. He was convicted of burglary and appealed, arguing his manner of gaining entry to the car did not qualify as the "breaking" burglary requires.
IssueFree
Whether a defendant who gains entry to a railway car through fraud or false pretenses, rather than by physical force, has committed the "breaking" required for a burglary conviction.