Bragg v. State
Supreme Court of Alabama
Appeal from Pike Circuit Court. . Tried Before Hon. John P. Hubbard. The indictment in this case charges, in substance, that the defendant entered into the dwelling house of Robert Bryant, or upon tiie cui’tilage thereof, or upon the public highway near thereto, and in the presence of Jane Bryant, a female, made use of abusive, insulting or vulgar language.
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Appeal from Pike Circuit Court. . Tried Before Hon. John P. Hubbard. The indictment in this case charges, in substance, that the defendant entered into the dwelling house of Robert Bryant, or upon tiie cui’tilage thereof, or upon the public highway near thereto, and in the presence of Jane Bryant, a female, made use of abusive, insulting or vulgar language. The evidence introduced on the trial tended to- show the following facts: In the spring of 18^0, Robert Bryant, with his family, moved on the lands-of the defendant, and occupied as a dwelling a house on said lands, which was furnished him…
1Opinion of the CourtStone, J.
There can 'be no question that the house or dwelling mentioned in the evidence had been the dwelling house of Robert Bryant. And while it is shown that he had left the premises with no intention of returning, it is not shown that he had removed therefrom, or that it had ceased to be his dwelling. His wife was still there, spending her days in the house, and on the occasion when the alleged offense was committed, had a wagon there for the purpose of removing the household furniture from the dwelling. She and another female were present. An intention to remove, or steps taken-preparatory to…
2Cases cited2 opinions
- State v. HallettSupreme Court of Alabama · 1845
- Glover v. GloverSupreme Court of Alabama · 1850
3Cited by12 opinions
- Ex Parte WeissingerSupreme Court of Alabama · 1945
- Mitchell v. KinneySupreme Court of Alabama · 1942
- Holmes v. HolmesSupreme Court of Alabama · 1925
- Pope v. HowleSupreme Court of Alabama · 1933
- Caheen v. CaheenSupreme Court of Alabama · 1937
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