Smith v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. William H. Thomas. The appellants in this case were tried and convicted for burglary, and were sentenced to the penitentiary for four years.
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Appeal from the City Court of Montgomery. Tried before the Hon. William H. Thomas. The appellants in this case were tried and convicted for burglary, and were sentenced to the penitentiary for four years. The indictment under which they were tried charged that Henry Smith and Will Smith “with intent to steal, broke into and entered the office of F. E. Meyer, a building, in which goods, merchandise or harness, things of value were kept for use, sale, or deposit, against the peace and dignity of the State of Alabama.” On the trial of the case P. E. Meyer was introduced as witness for the State,…
1Opinion of the CourtTyson, J.
The defendants were indicted and convicted for the offense of burglary. — § 4417 of the Code.
*148The building burglarized by them was a permanent and substantial structure and not a temporary one erected for a special purpose. It was, therefore, unnecessary that the indictment should allege or the evidence show that it was “especially constructed or made to keep” the harness and other things of value that were in it at the time it was entered.—Stone v. State, 63 Ala. 115.
Charges 2 and 3 requested by defendants were, therefore, properly refused.
Charge 1 was also properly refused as the evidence…
2Cases cited1 opinion
- Stone v. StateSupreme Court of Alabama · 1879
3Cited by2 opinions
- Lucas v. StateSupreme Court of Alabama · 1905
- Adams v. StateAlabama Court of Appeals · 1915