Barber v. State
Supreme Court of Alabama
Appeal from Sumter Circuit Court. Tried before A. 6. Smith, Esq., Special Judge. The appellant was tried and convicted on an indictment which contained three counts ; the first charging, that he broke into and entered a building, the property of E. W. Hookes, in which a thing of value, to-wit, corn, was kept for use, sale or deposit, with the intent to steal.
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Appeal from Sumter Circuit Court. Tried before A. 6. Smith, Esq., Special Judge. The appellant was tried and convicted on an indictment which contained three counts ; the first charging, that he broke into and entered a building, the property of E. W. Hookes, in which a thing of value, to-wit, corn, was kept for use, sale or deposit, with the intent to steal. The second count charged, that with the intent to steal he broke into and entered the stable of E. W. Hookes, a building in which a thing of value, to-wit, horses, were kept for use, sale or deposit, and, having so burglariously entered,…
1Opinion of the CourtSomeryille, J.
The first and second counts in the indictment contain every averment necessary to constitute a good and sufficient indictment for burglary under the statute.' — Code, 1876, § 4343. Nor is it any objection to these counts that they aver the consummation of the larceny in the building alleged to have been burglariously entered. — Snow v. The State, 54 Ala. 138; Wolf v. The State, 49 Ala. 359.
We need not decide in this case the question sought to be raised by the demurrer of the defendant — whether a count for burglary and one for petit larceny can be joined in the same indictment. We pass this…
2Cases cited5 opinions
- Adams v. StateSupreme Court of Alabama · 1876
- Snow v. StateSupreme Court of Alabama · 1875
- Chappell v. StateSupreme Court of Alabama · 1875
- Wolf v. StateSupreme Court of Alabama · 1873
- Hudson v. StateSupreme Court of Alabama · 1859
3Cited by5 opinions
- Welch v. StateSupreme Court of Alabama · 1908
- Hamilton v. StateSupreme Court of Alabama · 1959
- Holland v. StateSupreme Court of Alabama · 1945
- Coker v. StateAlabama Court of Appeals · 1922
- Hancock v. StateSupreme Court of Florida · 1920