Fisher v. State
Supreme Court of Alabama
From the Circuit Court of Perry. Tried before the Hon. B. L. Whelan. The indictment in this case charged that “Edward Fisher broke into and entered the smoke-house of Jefferson Watts, in which meat and salt, were at the time kept, for use or deposit, with intent to steal,” against the peace, &c. At the fall term, 1868, of the circuit court of Perry, the pris-' oner was tried, found guilty, and sentenced to the penitentiary for two years.
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From the Circuit Court of Perry. Tried before the Hon. B. L. Whelan. The indictment in this case charged that “Edward Fisher broke into and entered the smoke-house of Jefferson Watts, in which meat and salt, were at the time kept, for use or deposit, with intent to steal,” against the peace, &c. At the fall term, 1868, of the circuit court of Perry, the pris-' oner was tried, found guilty, and sentenced to the penitentiary for two years. On the trial the defendant reserved the following bill of exceptions : “ The State introduced testimony that proved that the prisoner was in the employ of…
1Opinion of the CourtPeck, C. J.
There is no error in the refusal of the court to give the charges asked. We hold the smoke-house, on the evidence in this case, as a legal proposition, is within the curtilage, and the breaking and entering sufficient, as" far as they are concerned, to make out the crime of burglary. The front and door of the building being in the yard of the' dwelling house, fixes the character of the building, as within the curtilage, although the rear part thereof was not within the yard of the dwelling-house, and although the breaking was in that part of the building. Any breaking that was sufficient to…
2Cited by5 opinions
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- Hines v. StateSupreme Court of Alabama · 1939
- Washington v. StateSupreme Court of Alabama · 1886
- McNutt v. StateAlabama Court of Appeals · 1929
- Carter v. StateSupreme Court of Alabama · 1880