Ashmon v. State
Alabama Court of Appeals
Appeal from Barbour Circuit Court. Heard before Hod. M. Sodlie. Jim Ashmon was convicted of burglary and he appeals. Counsel insists that the affirmative charge should have been, given, first because no breaking was shown, and second because the evidence fails to disclose that there were any goods, wares, merchandise, clothing, things of value in the store, and only money is shown to have been missing.— Jeffries v: State, 67 South. 270) Sanders v. State. 167 Ala. 85. A…
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Appeal from Barbour Circuit Court. Heard before Hod. M. Sodlie. Jim Ashmon was convicted of burglary and he appeals. Counsel insists that the affirmative charge should have been, given, first because no breaking was shown, and second because the evidence fails to disclose that there were any goods, wares, merchandise, clothing, things of value in the store, and only money is shown to have been missing.— Jeffries v: State, 67 South. 270) Sanders v. State. 167 Ala. 85. A forcible movement and displacement of the bar across the door through which the alleged burglar entered was a sufficient…
1Opinion of the CourtPelham, J.
The indictment in this case alleges (omitting the formal and stating parts) that the defendant, “with intent to steal, broke into and entered the dwelling house, or a building within the curtilage of the dwelling house, or shop, store, warehouse, or other' building of J. C. McRae in which goods, merchandise, or clothing, things of value, were kept for use or deposit.” While the indictment is practically in the form prescribed for burglary (Criminal Code, p. 664, form 27), it is not as broad as the statute defining what shall constitute the offense (Code, § 6415), in that in the second clause…
2Cases cited6 opinions
- Sanders v. StateSupreme Court of Alabama · 1910
- Henderson v. StateSupreme Court of Alabama · 1881
- Jeffries v. StateAlabama Court of Appeals · 1913
- Neal & Hicks v. StateSupreme Court of Alabama · 1875
- McCormick v. StateSupreme Court of Alabama · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bills v. StateCourt of Criminal Appeals of Alabama · 1973
- Adams v. StateAlabama Court of Appeals · 1915
- Lowe v. StateAlabama Court of Appeals · 1945
- Miller v. StateAlabama Court of Appeals · 1966
- Anthony v. StateAlabama Court of Appeals · 1942
5 more not listed; retrieve them via the Exa API.