Stone v. State
Supreme Court of Alabama
From the Circuit Court of Talladega. , Tried before the Hon. Jqhn Henderson. The defendant was indicted under the statute against burglary, which is in the following words : “ Any person who, either in the night or day time, with intent to steal, or to commit a felony, breaks into and enters a dwelling-house, or any building, structure, or inclosure within the curtilage of a dwelling-house, though not forming a part thereof; or into any shop, store, ware-house, .or other…
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From the Circuit Court of Talladega. , Tried before the Hon. Jqhn Henderson. The defendant was indicted under the statute against burglary, which is in the following words : “ Any person who, either in the night or day time, with intent to steal, or to commit a felony, breaks into and enters a dwelling-house, or any building, structure, or inclosure within the curtilage of a dwelling-house, though not forming a part thereof; or into any shop, store, ware-house, .or other building, structure, or inclosure in which any goods, merchandise, or other valuable thing is kept, for use, sale, or…
1Opinion of the CourtManning, J.
A gin-house is not one of those structures or inclosures, “other than a shop, store, warehouse, or building,” which may be the subject of burglary, according to section 4343 of the Code of 1876, only when “specially constructed or made to keep such goods, merchandise, or other valuable thing,” as must be contained therein at the time of being broken into with a larcenous or felonious intent. A gin-house is an edifice which, like a barn, is of a permanent and substantial kind, and is well known in communities where cotton is grown, as the building to which seed-cotton is carried from the…
2Cited by5 opinions
- Lucas v. StateSupreme Court of Alabama · 1905
- Adams v. StateAlabama Court of Appeals · 1915
- Norman v. StateAlabama Court of Appeals · 1915
- Hurst v. StateSupreme Court of Alabama · 1885
- Smith v. StateSupreme Court of Alabama · 1903