Neal & Hicks v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before Hon. Harry T. Toulmin. Appellants were convicted of burglary upon an indictment which charged that they “broke into and entered the shop or store of Henry G. Rodgerson, in which goods, merchandise or other valuable things were kept for use, sale or deposit, with intent to steal,” &c.
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Appeal from the Circuit Court of Baldwin. Tried before Hon. Harry T. Toulmin. Appellants were convicted of burglary upon an indictment which charged that they “broke into and entered the shop or store of Henry G. Rodgerson, in which goods, merchandise or other valuable things were kept for use, sale or deposit, with intent to steal,” &c. On the trial, the court allowed a witness for the State to testify, that seeing tracks near the store leading in the direction of the houses of defendants, who lived near each other, he obtained a search-warrant, and on entering NeaPs house, some of jhe…
1Opinion of the CourtBrickell, C. J.
The indictment not specifying the valuable things kept in the shop or storehouse for sale, use *467or deposit, and that such things were of value, is insufficient to support the judgment of conviction, under the authority of Norris & Coleman v. State, 50 Ala. 126; Ike Robinson v. State; Jasper Webb v. State, June term, 1875; Danner v. State, present term.
There was no necessity for the production of the search-warrant. It was collateral to the matters in issue, and was adverted to by the witnesses merely as explanatory of their conduct in entering into the house of the defendant.
In the charges of…
2Cases cited1 opinion
- Norris & Coleman v. StateSupreme Court of Alabama · 1874
3Cited by7 opinions
- Henderson v. StateSupreme Court of Alabama · 1881
- Buckles v. StateSupreme Court of Alabama · 1972
- Tyra v. StateAlabama Court of Appeals · 1919
- Childs v. StateSupreme Court of Alabama · 1877
- Ashmon v. StateAlabama Court of Appeals · 1913
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