Legal Opinion

Graves v. State

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 5 opinions

Error to the City Court of Montgomery. Tried before the Hon. John A. Minnis. The indictment in this case charged that the defendant, Levi Graves, with .others, “ broke into and entered a railroad ear, upon or connected with the Western Railroad of Alabama, in which car goods, merchandise, or meat, of the value of fifty dollars, was kept for use, deposit, or transportation, with intent to steal; against the peace,” &o.

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Error to the City Court of Montgomery. Tried before the Hon. John A. Minnis. The indictment in this case charged that the defendant, Levi Graves, with .others, “ broke into and entered a railroad ear, upon or connected with the Western Railroad of Alabama, in which car goods, merchandise, or meat, of the value of fifty dollars, was kept for use, deposit, or transportation, with intent to steal; against the peace,” &o. There was a motion in arrest of judgment, on account of the insufficiency of the indictment, in failing to aver the ownership of the car or its contents; which motion was…

1Opinion of the CourtBriceell, C. J.

The indictment is founded on the statute (Code of 1876, § 4344) which declares the breaking and entry, with intent to steal, or commit a felony, into any railroad car, upon or connected with any railroad in this State, in which any goods, merchandise, or other valuable thing, is kept for use, deposit, or transportation as freight, is burglary, punishable on conviction by imprisonment in the penitentiary, not less than two, nor more than four years. An indictment, founded on a statute creating a new offense unknown to the common law, is insufficient, unless it clearly alleges every fact which…

2Cases cited1 opinion

  1. Horton v. StateSupreme Court of Alabama · 1875

3Cited by5 opinions

  1. Emmonds v. StateSupreme Court of Alabama · 1888
  2. White v. StateAlabama Court of Appeals · 1964
  3. State v. SuppeSupreme Court of Kansas · 1899
  4. Johnson v. StateSupreme Court of Alabama · 1883
  5. Wilson v. StateSupreme Court of Alabama · 1945

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