Adams v. State
Alabama Court of Appeals
Burglary. Appeal from. Montgomery City Court. Heard before Hon. C. P. McIntyke. Kelly Adams was convicted of burglary, and he appeals. Omitting formal charging part, the indictment is as follows: (1) Kelly Adams, with intent to steal, broke into and entered the' office of W. H. Sanders, a shop, store, warehouse, or other building, structure, or inclosure, in which goods, merchandise, or books, things of value were kept for sale or deposit.
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Burglary. Appeal from. Montgomery City Court. Heard before Hon. C. P. McIntyke. Kelly Adams was convicted of burglary, and he appeals. Omitting formal charging part, the indictment is as follows: (1) Kelly Adams, with intent to steal, broke into and entered the' office of W. H. Sanders, a shop, store, warehouse, or other building, structure, or inclosure, in which goods, merchandise, or books, things of value were kept for sale or deposit. (2) Kelly Adams, with intent to steal, broke into- and entered the shop, store, warehouse, or other building of W. H. Sanders, in which goods, etc., as in…
1Opinion of the CourtBrown, J.
The form prescribed for indictments for burglary is not broad enough to cover every offense denounced by the statute.—Hawkins v. State, 8 Ala. App. 234, 62 South. 974; Ashmon v. State, 9 Ala. App. 29, 63 South. 754.
The first count o-f the indictment in this case does not follow the form, but charges that the defendant, “with intent to steal, broke into- and entered the office of W. H. Sanders, a shop, store, warehouse, or other building, struáture, or inclosure, in which goods, merchandise, or books, things of value, were kept for use, sale or deposit,” etc.
*332(1) To constitute burglary as…
2Cases cited23 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Hale v. StateSupreme Court of Alabama · 1898
- Connor v. PeopleSupreme Court of Colorado · 1893
- Love v. PeopleIllinois Supreme Court · 1896
- Lacey v. StateAlabama Court of Appeals · 1915
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Cady v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- State Ex Rel. Holbert v. RobinsonWest Virginia Supreme Court · 1950
- Addington v. StateAlabama Court of Appeals · 1916
- White v. StateAlabama Court of Appeals · 1964
18 more not listed; retrieve them via the Exa API.