Legal Opinion

Lowder v. State

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 5 opinions

From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant in this case was indicted for burglary, in breaking and entering “the law-office of Sayre & Graves” in the city of Montgomery, with the intent to steal. The indictment also contained a count for the larceny of a pocketbook, the property of P. T. Sayre, containing bank bills, particularly described, of the aggregate value of forty dollars; but a demurrer was sustained to this count.

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From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant in this case was indicted for burglary, in breaking and entering “the law-office of Sayre & Graves” in the city of Montgomery, with the intent to steal. The indictment also contained a count for the larceny of a pocketbook, the property of P. T. Sayre, containing bank bills, particularly described, of the aggregate value of forty dollars; but a demurrer was sustained to this count. Under the charge of the court, to which exceptions were duly reserved, the defendant was convicted of the burglary as charged.…

1Opinion of the CourtManning, J.

Appellant was indicted for burglary, in entering at night, through the outer front d'oor, the office of Sayre & Graves, attorneys-at-law, from which an open door let into an adjoining bed-room, where Mr. Sayre lay, having gone to bed. The evidence tended to show that defendant went from the office, after entering it, into the bed-room, to steal money from the pocket-book of Mr. Sayre, which he had placed between the mattresses of the bed on which he was lying. And the defense is, that being a servant of Sayre & Graves, and intrusted as such by them,with the key of their office, defendant was…

2Cited by5 opinions

  1. Norman v. StateAlabama Court of Appeals · 1915
  2. State v. HowardSupreme Court of South Carolina · 1902
  3. Young v. CommonwealthCourt of Appeals of Kentucky · 1907
  4. Carter v. StateSupreme Court of Alabama · 1880
  5. Hild v. StateSupreme Court of Alabama · 1880

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