Porter v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. Solomon Porter was convicted of buying, receiving, or concealing stolen property, and he appeals. The burglary count in the indictment is as follows, omitting formal charging parts: Solomon Porter feloniously took and- carried away from the dwelling house of E. F. Terry [here follows description and value of property], the personal property of E. F. Terry.
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Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. Solomon Porter was convicted of buying, receiving, or concealing stolen property, and he appeals. The burglary count in the indictment is as follows, omitting formal charging parts: Solomon Porter feloniously took and- carried away from the dwelling house of E. F. Terry [here follows description and value of property], the personal property of E. F. Terry. The demurrers raise the question discussed in the opinion. , The verdict was an acquittal as to- the first and second counts, and there was no evidence to sustain the third…
1Opinion of the CourtBricken, P. J.
The indictment contained three counts. The first charged burglary of a dwelling house; the second charged larceny of certain articles from the dwelling house; the third charged that the defendant did buy, receive, conceal, or aid in concealing one pistol, one flashlight, .and one box of cartridges, knowing that these articles were stolen from a dwelling house, and not having the intent to restore them to the owner.
[1, 2] The demurrers to count 1 of the indictment were properly overruled, as an indictment for burglary in a dwelling house need not allege that goods, wares, or merchandise, or…
2Cases cited11 opinions
- Gilmore v. StateSupreme Court of Alabama · 1892
- Sanders v. StateSupreme Court of Alabama · 1910
- Jordan v. StateAlabama Court of Appeals · 1920
- Johnson v. StateSupreme Court of Alabama · 1860
- Thomas v. StateSupreme Court of Alabama · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Anthony v. StateAlabama Court of Appeals · 1942
- Evans v. StateAlabama Court of Appeals · 1949
- Parris v. StateAlabama Court of Appeals · 1921
- Diggs v. StateAlabama Court of Appeals · 1924
- Hayes v. StateAlabama Court of Appeals · 1947
5 more not listed; retrieve them via the Exa API.