Beall v. State
Supreme Court of Alabama
Appeal from Circuit Court of Greene. Tried before Hon. Luther R. Smith. The appellant, and two others who do not appeal, were indicted for burglary. The indictment contained two counts. The first count charges that the'defendants “broke into and entered, with the intent to steal, the dwelling house of the late John Tate, said house now, and at the time of the offense committed, belonging to the estate of the late John Tate,” &c., &c.
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Appeal from Circuit Court of Greene. Tried before Hon. Luther R. Smith. The appellant, and two others who do not appeal, were indicted for burglary. The indictment contained two counts. The first count charges that the'defendants “broke into and entered, with the intent to steal, the dwelling house of the late John Tate, said house now, and at the time of the offense committed, belonging to the estate of the late John Tate,” &c., &c. The second was like the first, except that it alleged that the house was “the dwelling house of the estate of the late John Tate.” Both counts allege that the…
1Opinion of the CourtBrickell, C. J.
The indictment is for burglary, averring a breaking and entry, in the first count, “ of the dwelling house of the late Jno. Tate, said house now, and at the time of the offense committed, belonging to the estate of the late Jno. Tate;” and in the second count, it is averred to have been “ the dwelling house of the estate of the late Jno. Tate.” The common law requires that an indictment for burglary must lay with precision the ownership of the house in which the offense has been committed, and the proof must conform to the averment. 2 Lead. Cr. Cases, 53; 2 Bish. Cr. Pr. § § 135-6-7-8; 2…
2Cases cited2 opinions
- Anderson v. StateSupreme Court of Alabama · 1872
- Pleasant v. StateSupreme Court of Alabama · 1850
3Cited by15 opinions
- Emmonds v. StateSupreme Court of Alabama · 1888
- Burnes v. StateSupreme Court of Florida · 1925
- State v. MishMontana Supreme Court · 1907
- White v. StateAlabama Court of Appeals · 1964
- Pells v. StateSupreme Court of Florida · 1884
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