Webb v. State
Supreme Court of Alabama
Appeal from Circuit Court of Lowndes. Tried before Hon. James Q. Smith. The facts are stated in the opinion.
1Opinion of the CourtBrickell, C. J.
In an indictment for the offence of burglary, as defined by the statutes, the ownership of tbe building must, as at common law, be alleged, and the allegation must correspond with the proof. All difficulty on this point would be obviated if the prosecuting officer, in drawing the indictment, when the ownership is uncertain or in doubt, would insert several counts, averring the ownership to be in the different persons in whom the evidence tends to show an interest. A speedy administration of the criminal law would be promoted, and fewer offenders would escape the penalties they have justly…
2Cases cited2 opinions
- Foster v. MabeSupreme Court of Alabama · 1842
- Crawford v. StateSupreme Court of Alabama · 1870
3Cited by4 opinions
- Spencer v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Matthews v. StateSupreme Court of Alabama · 1876
- Danner v. StateSupreme Court of Alabama · 1875
- White v. StateAlabama Court of Appeals · 1964