Eugene’s mention of a 1792 North Carolina case reporting an indictment “for feloniously and burglariously breaking and entering” reminds me of a case I briefed and argued when I was at DOJ, United States v. Simmons, 47 F.3d 118 (4th Cir. 2001).
The question was the meaning of “feloniously” in 18 U.S.C. 662, a statute punishing the receipt of goods that have been “feloniously taken, stolen, or embezzled.” The defense argued that the taking was not “felonious” because it was only a misdemeanor. The issue in the appeal: Does “feloniously” mean “in the course of a felony” or simply “with intent to steal”?
My brief for the United States is available here. Very fun brief to write. How often do you get to discuss Blackstone, 17th Century English statutes, and the United States Court of Appeals of Indian Territory in a single brief?