Moore v. State
Supreme Court of Alabama
Erom the Circuit Court of Tuskaloosa. Tried before the Hon. Wk. S. Mudd. The record in. this case contains only the indictment, and the jndgment-entry showing the trial and conviction; which are in the following words: “ Circuit Court, Special Term, December, 1865. “The grand jury of said county charge, that before the finding of this indictment, Eobert Moore, John Curtis, and Joseph Holsomback feloniously took and carried away from a dwelling two twenty-dollar gold pieces,…
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Erom the Circuit Court of Tuskaloosa. Tried before the Hon. Wk. S. Mudd. The record in. this case contains only the indictment, and the jndgment-entry showing the trial and conviction; which are in the following words: “ Circuit Court, Special Term, December, 1865. “The grand jury of said county charge, that before the finding of this indictment, Eobert Moore, John Curtis, and Joseph Holsomback feloniously took and carried away from a dwelling two twenty-dollar gold pieces, and twenty half-dollar pieces in silver, the property of Elizabeth Groyne, of the value of fifty dollars; against the…
1Opinion of the CourtByrd, J.
1. Whether the words “feloniously took and carried away from a dwelling,” import a taking in a “dwell*51ing-house,” or not, the demurrer should have been overruled. In the first case, the indictment would be good under section 3170 of the Code; and in the latter, it would be simple larceny, and good under section 3173. The words “from a dwelling” do not have the same import as “in a dwelling-house”; and section 3170 has been construed by this court.—1 Bish. Cr. Law, §§ 294-306; Henry v. The State, at last term. See, also, Chambers v. The State, 6 Ala. 855. The words “from a dwelling,” used in…
2Cases cited5 opinions
- Jones v. StateSupreme Court of Alabama · 1848
- Hawkins v. StateSupreme Court of Alabama · 1846
- Nancy v. StateSupreme Court of Alabama · 1844
- Case v. StateSupreme Court of Alabama · 1855
- State v. ChambersSupreme Court of Alabama · 1844
3Cited by5 opinions
- State v. Perkins.Supreme Court of North Carolina · 1906
- Bailey v. StateSupreme Court of Alabama · 1892
- Driver v. StateSupreme Court of Alabama · 1921
- Gustin v. StateAlabama Court of Appeals · 1924
- Steidl v. StateCourt of Criminal Appeals of Alabama · 1969