McCormick v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried, before the Hon. William H. Thomas. The appellant in this case, William McCormick, was indicted, tried and convicted for burglary, and sentenced to the penitentiary for five years.
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Appeal from the City Court of Montgomery. Tried, before the Hon. William H. Thomas. The appellant in this case, William McCormick, was indicted, tried and convicted for burglary, and sentenced to the penitentiary for five years. The store alleged in the complaint to have been burglarized, was the jewelry store of one Ike Loeb of the City of Montgomery, and the said Loeb, as a witness for the State, testified that he kept watches, cut glass, jewelry and other goods such as are kept in a jewelry store, in his said store in the City of Montgomery; that he put several watches and other articles…
1Opinion of the CourtShabpe, J.
Defendant ivas convicted of burglary-under an indictment charging that he with intent to steal broke into and entered a store “in which goods, merchandise or watches, things of value, were kept for use, sale or deposit,” etc. In this averment the words “things of value” appear to have been used as descriptive of what is therein termed “watches,” and not as applying to the mentioned “goods” or “merchandise.” It was not necessary to aver or prove the goods and merchandise had value, and proof having been made on the trial that goods were kept for sale in the store alleged to have been broken…
2Cases cited5 opinions
- Randolph v. StateSupreme Court of Alabama · 1893
- Kelly v. StateSupreme Court of Alabama · 1882
- Henderson v. StateSupreme Court of Alabama · 1881
- Rose v. StateSupreme Court of Alabama · 1897
- Ross v. StateSupreme Court of Alabama · 1886
3Cited by5 opinions
- Cheatwood v. StateAlabama Court of Appeals · 1927
- Miller v. StateAlabama Court of Appeals · 1966
- Ashmon v. StateAlabama Court of Appeals · 1913
- Green v. StateAlabama Court of Appeals · 1917
- Pope v. StateAlabama Court of Appeals · 1945