Hawkins v. State
Alabama Court of Appeals
Appeal from Cherokee Circuit Court. Heard before ITon. W. W. Haralson. George Hawkins was convicted of burglary and be appeals. The indictment was fatally defective, and the demurrer should have been sustained. — Danner v. State, 54 Ala. 128; Johnson v. State, 32 Ala. 588; Picket v. State, 60 Ala. 77; Henderson v. State, 70 Ala. 23.
1Opinion of the CourtWalker, P. J.
— The indictment in this case charged that the defendant, “with intent to steal, broke into and entered the storehouse of Frank Slone, in which goods, merchandise, or clothing, or things of value were kept for use, sale, or deposit,” etc. It was demurred to upon the ground, among others, that it failed to aver or show what the alleged things of value were. We are *235of opinion that it was subject to demurrer on the ground stated. A store, to be a subject of burglary, under section 6415 of the Code, must be one in which “goods, Avares, merchandise, or other valuable thing is kept for use, sale,…
2Cases cited4 opinions
- Danner v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1858
- Davis v. StateSupreme Court of Alabama · 1875
- Pickett v. StateSupreme Court of Alabama · 1877
3Cited by3 opinions
- Adams v. StateAlabama Court of Appeals · 1915
- Parrish v. StateAlabama Court of Appeals · 1942
- Green v. StateAlabama Court of Appeals · 1917