Legal Opinion
Wilson v. State
Supreme Court of Alabama
Decided June 14, 1945No. 8 Div. 319PublishedCited by 7 opinions
1Opinion of the Court
SIMPSON, Justice.
The indictment sought to charge the defendant with the offense of burglary in the first degree. Code 1940, Title 14, § 85.
The petition for certiorari challenges the ruling of the Court of Appeals in holding the indictment demurrable for failing' to allege the name of the owner or the propri etor in possession of the burglarized property.
An essential averment in a charge for an offense against property is the negation of the defendant’s ownership or possessory right, so as- to affirmatively show that the property, general or special, against which the crime is laid, is in…
2Cases cited8 opinions
- Emmonds v. StateSupreme Court of Alabama · 1888
- Adams v. StateAlabama Court of Appeals · 1915
- Reeves v. StateSupreme Court of Alabama · 1943
- Beall v. StateSupreme Court of Alabama · 1875
- Jetton v. StateAlabama Court of Appeals · 1939
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- White v. StateAlabama Court of Appeals · 1964
- Mitchell v. StateCourt of Appeals of Mississippi · 1998
- Stanley v. StateCourt of Criminal Appeals of Alabama · 1976
- Stehl v. StateSupreme Court of Alabama · 1968
- Riggs v. StateCourt of Criminal Appeals of Alabama · 2013
2 more not listed; retrieve them via the Exa API.