Bowen v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. John R. Tyson. The appellant was tried upon the following indictment : “The grand jury of said county charge that before the finding of this indictment, Dave Bowen, with intent to steal, broke into and entered the dwelling house of Israel Robertson, and did feloniously take and carry away fro’m the dwelling house of Israel Robertson four five dollar bills, commonly known and called greenbacks, of the paper…
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Appeal from the Circuit Court of Geneva. Tried before the Hon. John R. Tyson. The appellant was tried upon the following indictment : “The grand jury of said county charge that before the finding of this indictment, Dave Bowen, with intent to steal, broke into and entered the dwelling house of Israel Robertson, and did feloniously take and carry away fro’m the dwelling house of Israel Robertson four five dollar bills, commonly known and called greenbacks, of the paper currency of the United States of the value of twenty dollars, and one two dollar bill, commonly known and called greenbacks,…
1Opinion of the CourtBbickell, C. J.
— It was doubtless the purpose of the pleader to charge in the single count, of which the indictment consists, the combined offenses of burglary and grand larceny. But the count is wanting in an averment of the ownership of the goods alleged to have been stolen, and without such averment is wanting in an essential constituent of an indictment for larceny. When the criminating element of the crime of burglary is the intent to steal, if there is not only the criminal breaking, and entry, but a consummation of the evil intent, the felonious taking of Life goods of another, the burglary and…
2Cases cited1 opinion
- Gordon v. StateSupreme Court of Alabama · 1882
3Cited by13 opinions
- Hall v. StateSupreme Court of Alabama · 1901
- Estevez v. StateSupreme Court of Florida · 1975
- Smith v. StateSupreme Court of Alabama · 1951
- Holcomb v. StateAlabama Court of Appeals · 1922
- Brown v. StateSupreme Court of Florida · 1938
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