Legal Opinion

Aldridge v. State

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 11 opinions

From the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. The indictment in this case charged, in a single count, that the defendants, Henry Aldridge and others, “broke into and entered a building, to-wit, a storehouse of Wilburn M. Bass, business manager of Beulah co-operation store of the Beulah Alliance, in which a valuable thing, to-wit, goods or merchandise, was kept for use, sale or deposit, with intent to steal.”

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From the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. The indictment in this case charged, in a single count, that the defendants, Henry Aldridge and others, “broke into and entered a building, to-wit, a storehouse of Wilburn M. Bass, business manager of Beulah co-operation store of the Beulah Alliance, in which a valuable thing, to-wit, goods or merchandise, was kept for use, sale or deposit, with intent to steal.” On the trial, as the bill of exceptions recites, “There was evidence tending to show that the storehouse charged to have been broken into was the property of a…

1Opinion of the CourtSomerville, J.

The defendant was convicted of the burglary of a storehouse, in which goods and merchandise were stored.' — Grim. Oode, 1886, § 3786. The objection urged is an alleged variance between the averment of ownership in the indictment, and the proof of such ownership. The indictment lays the ownership in one “Wilburn M. Bass, business manager of Beulah co-óperation store of the Beulah Alliance.” The evidence tends to show that Bass was the salaried agent of the “Beulah Alliance,” which was a body corporate, and that he had charge of the store as the servant of the corporation. It also tends to show…

2Cases cited1 opinion

  1. Emmonds v. StateSupreme Court of Alabama · 1888

3Cited by11 opinions

  1. Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
  2. Parks v. StateAlabama Court of Appeals · 1925
  3. Adams v. StateAlabama Court of Appeals · 1915
  4. White v. StateAlabama Court of Appeals · 1964
  5. Quinn v. StateAlabama Court of Appeals · 1957

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