Thomas v. State
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Tried before Hon. J. M. Carmichael. Tbe defendant filed demurrers to tbe indictment as follows: 1. The said indictment does not allege that the building broken into and entered was a dwelling house or a building within the curtilage of a dwelling house. 2. That said indictment fails to allege that the building alleged to have been broken into and entered was a building in which goods, merchandise, or valuable things were kept for use, sale…
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Appeal from Barbour Circuit Court. Tried before Hon. J. M. Carmichael. Tbe defendant filed demurrers to tbe indictment as follows: 1. The said indictment does not allege that the building broken into and entered was a dwelling house or a building within the curtilage of a dwelling house. 2. That said indictment fails to allege that the building alleged to have been broken into and entered was a building in which goods, merchandise, or valuable things were kept for use, sale or deposit. After conviction defendant moved in arrest of judgment assigning the same grounds. cited Craivford v. State,…
1Opinion of the CourtMcCLELLAN, J.
— This is a prosecution for burglary. The indictment charges that Ernest Thomas “broke into and entered a sample room in the ‘Arlington Hotel’ a building-in the city of Eufaula,” &c., <fcc. This is the only description of the house, room or inclosure broken into. The “Arlington Hotel” is not alleged to be a dwelling house, nor are any facts averred showing it to have been a dwelling house within the first member of the statute defining burglary, nor are any facts averred showing that the sample room of said hotel was a dwelling house or within the curtilage of a dwelling house in the…
2Cited by9 opinions
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Carl v. StateSupreme Court of Alabama · 1899
- Adams v. StateAlabama Court of Appeals · 1915
- Norman v. StateAlabama Court of Appeals · 1915
- State v. JonesSupreme Court of Missouri · 1963
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