State v. McCall
Supreme Court of Alabama
The defendant was indicted for burglary, at a term of the Circuit Court of Mobile, commencing on the sixth Monday after the fourth Monday in September, 1842. The cause was tried on the plea of not guilty, and certain questions of law reserved, which are referred to this Court as novel and difficult.
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The defendant was indicted for burglary, at a term of the Circuit Court of Mobile, commencing on the sixth Monday after the fourth Monday in September, 1842. The cause was tried on the plea of not guilty, and certain questions of law reserved, which are referred to this Court as novel and difficult. These questions are thus stated, “ In this case it was proved by the State, that the supposed burglary was committed by the defendant, in the mansion house of Mrs. Ann Vincent, in the city of Mobile. That between eleven and twelve o’clock at night, Mrs. Vincent had retired, and heard a noise at…
1Opinion of the CourtCollier, C. J.
The crime of burglary may be defined to be, the breaking and entering a dwelling house in the night, time, with intent to commit a felony. For the purposes of this offence, it is said the term “dwellinghouse,” comprehends all buildings within the curtilage or inclosure, &c. [1 Hale’s P. C. 358, 559 ; Hawk. P. C. Ch. 38, §12 ; East’s P. C. 492 ; id. 493, 501, 508.] The offence consists then in violating the, common security of the dwelling house in the night time, for the purpose of committing a felony. [Commonwealth v. Ste*645phenson et al, 8 Pick. Rep. 354.] But wliat is a violation, is notin…
2Cited by30 opinions
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- Jones v. StateSupreme Court of Alabama · 1913
- State v. PigquesSupreme Court of Missouri · 1958
- People v. ValenciaCalifornia Supreme Court · 2002
- People v. AllisonCalifornia Supreme Court · 1927
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