Legal Opinion

Walker v. State

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 37 opinions

From tbe City Court of Selma. Tried, before tbe Hon. Jona. Haralson. Tbe prisoner in this case was indicted and convicted of burglary, in breaking and entering tbe corn-crib of N. Wood-ruff and B. B. Peeples. T]je Case' is brought up on bill of exceptions reserved during tbe trial. All tbe material facts are stated in tbe opinion of tbe court. cited McCall v. The State, 4 Ala. 643 ; 2 Wharton’s Amer. Cr. Law, §§ 1550-51; 2 East’s Crown Law, 490; 1 Hale’s P. C. (ed. 1847) 555.

1Opinion of the Court

BBICKELL, C. J. —

Tbe statute (Code of 1876,- § 4343) provides, that “any person who, either in tbe night or dav time, with intent to steal, or to commit a felony, breaks mío and enters a dwelling-house* or any building, structure or inclosure within tbe curtilage of a dwelling-house, though not forming a part thereof, or into any shop, store, warehouse, or other building, structure or inclosure in which any goods, merchandise, or other valuable thing is kept for use, sale, or deposit, provided such structure, other than a shop, store, ware-house or building, is specially constructed or made…

2Cited by37 opinions

  1. Hyde v. StateCourt of Criminal Appeals of Alabama · 1998
  2. Whitehead v. StateCourt of Criminal Appeals of Alabama · 1999
  3. People v. DavisCalifornia Supreme Court · 1998
  4. Pack v. StateCourt of Criminal Appeals of Alabama · 1984
  5. People v. WaltersCalifornia Court of Appeal · 1967

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