Mason & Franklin v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. The indictment in this case was found at the February term, 1868, of said city court, and charged, “ that before the finding of this indictment, Thomas Mason, John Franklin, and Eichard Henley, broke into and entered a dwelling, to-wit: an office of Benjamin Micou and George Morgan, in which money, a valuable thing, was then and there kept for use, sale or deposit, with intent to steal, against the…
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Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. The indictment in this case was found at the February term, 1868, of said city court, and charged, “ that before the finding of this indictment, Thomas Mason, John Franklin, and Eichard Henley, broke into and entered a dwelling, to-wit: an office of Benjamin Micou and George Morgan, in which money, a valuable thing, was then and there kept for use, sale or deposit, with intent to steal, against the peace,” &c. There was a nolle prosequi entered as to Eichard Henley. The defendants demurred to the indictment, but…
1Opinion of the CourtJudge, J.
The indictment is not for the offense of burglary, as defined by the common law, but for an offense which may properly be said to be of statutory creation.— Eevised Code, 3695. The statute creating the offense fully defines it; and in every such case, as has been repeatedly ruled by this court, it is sufficient if the indictment charge the offense in the words of the statute. Such was done in the present case; and for this reason, if no other, we would hold that the court rightfully overruled the demurrer. But, further, if no form be prescribed by the Code for indictent, an analagous form, if…
2Cited by10 opinions
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Moore v. StateAlabama Court of Appeals · 1914
- Wicks v. StateSupreme Court of Alabama · 1870
- Gibson v. StateAlabama Court of Appeals · 1916
- Dorgan v. StateAlabama Court of Appeals · 1940
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