Johnson v. State
Supreme Court of Alabama
Arreal from City Court of Montgomery. Tried before Hon. Thos. M. Arrington. Israel Johnson, the appellant, with three others, was indicted for breaking into and entering a railroad car, the property of the “Louisville and Nashville Railroad Company, a corporation organized under the laws of the State of Kentucky,” in which designated articles of value were at the time kept “ for use, or on deposit, or for transportation as freight,” with the intent to steal.
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Arreal from City Court of Montgomery. Tried before Hon. Thos. M. Arrington. Israel Johnson, the appellant, with three others, was indicted for breaking into and entering a railroad car, the property of the “Louisville and Nashville Railroad Company, a corporation organized under the laws of the State of Kentucky,” in which designated articles of value were at the time kept “ for use, or on deposit, or for transportation as freight,” with the intent to steal. After introducing evidence tending to show -the commission of the offense by the defendants, and that the car which was broken into and…
1Opinion of the CourtBrickell, C. J.
— The statute (Code of 1816, § 4344) upon which this indictment is founded, declares the breaking and entry into a railroad car, in which goods, merchandise, or other valuable thing, is kept for use, deposit, or transportation as freight, with the intent to steal, or to commit a felony, is burglary, subject to punishment by imprisonment in the penitentiary. As of burglary, an element of the offense is, that the car broken and entered must be the property ot' another; and of consequence, it is essential that the indictment should allege the ownership. — Graves v. State, 63 Ala. 134. The…
2Cases cited3 opinions
- Graves v. StateSupreme Court of Alabama · 1879
- Geron v. FelderSupreme Court of Alabama · 1849
- Smoot v. FitzhughSupreme Court of Alabama · 1839
3Cited by8 opinions
- Emmonds v. StateSupreme Court of Alabama · 1888
- White v. StateAlabama Court of Appeals · 1964
- State v. HillWest Virginia Supreme Court · 1900
- People v. WebberCalifornia Supreme Court · 1902
- Wilson v. StateSupreme Court of Alabama · 1945
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