Ray v. State
Supreme Court of Alabama
From the Circuit Court of Colbert. Tried before the Hon. W. B. "Wood. The indictment in this case charged that the defendant, William Ray, “ with intent to steal, broke into and entered the store-house of William Warren,” in which dry goods were kept for use, deposit, and sale. Having pleaded not guilty, issue was joined on that plea.
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From the Circuit Court of Colbert. Tried before the Hon. W. B. "Wood. The indictment in this case charged that the defendant, William Ray, “ with intent to steal, broke into and entered the store-house of William Warren,” in which dry goods were kept for use, deposit, and sale. Having pleaded not guilty, issue was joined on that plea. On the trial, the defendant reserved a bill of exceptions, in which the facts are thus stated: “ The State introduced James Warren and H. P. Gibson as witnesses. Said Warren testified as follows: ‘ I was a clerk in the store-house of William Warren during the…
1Opinion of the CourtStone, J.
The Circuit Court rightly ruled, that the entry into the store-house, through the open window, did not constitute burglary. He erred, however, when he instructed the jury that, if the defendant was in the store-house, and opened the back door, by removing the bar, to let others, his confederates, into the store, whether the others entered or not, this would constitute burglary. This would not amount to a burglarious entrance by the defendant, for he entered without breaking. It was not a burglarious entrance by his confederates, of which offense he would be guilty with them, being present…
2Cases cited1 opinion
- Brown v. StateSupreme Court of Alabama · 1876
3Cited by1 opinion
- Commonwealth v. LowreyMassachusetts Supreme Judicial Court · 1893