Matthews v. State
Supreme Court of Alabama
From tbe Circuit Court of Hale. Tried before tbe Hon. George H. Craig. Tbe indictment in this case, wbicb was found at tbe April term of said court, 1876, charged that tbe defendant, Samuel Matthews, “ broke into and entered a corn crib, tbe property of Henry A. Tayloe, a building in wbicb corn, a valuable thing, was then .and there kept for use, sale, or deposit, with intent to steal.”
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From tbe Circuit Court of Hale. Tried before tbe Hon. George H. Craig. Tbe indictment in this case, wbicb was found at tbe April term of said court, 1876, charged that tbe defendant, Samuel Matthews, “ broke into and entered a corn crib, tbe property of Henry A. Tayloe, a building in wbicb corn, a valuable thing, was then .and there kept for use, sale, or deposit, with intent to steal.” Tbe defendant demurred to tbe indictment, as tbe judgment entry states, “ on tbe ground that there is no allegation of tbe value of the corn kept in tbe criband Ms demurrer being overruled, be tben pleaded not…
1Opinion of the Court
BRICKELL, C. J. —
The indictment is sufficient. It contains an averment of every fact essential to constitute the statutory offense of burglary. It was not necessary to aver the value of the corn kept in the crib. The averment that it was “ a valuable thing,” is sufficient. — Norris v. State, 50. Ala. 126; Webb v. State, 52 Ala. 422.
2. The charge given, and the several charges refused, in reference to the ownership of the corn, are mere abstractions. The bill of exceptions, though purporting to set out all the evidence, is silent as to the evidence of that fact. The only fact touching the…
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3Cited by24 opinions
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