Legal Opinion

Walker v. State

Supreme Court of Alabama

Decided June 15, 1875PublishedCited by 7 opinions

Appeal from Circuit Court of Wilcox. Tried before Hon. John K. Henry. The opinion states the case. To constitute the statutory burglary, Eev. Code, § 3695, there must first be a breaking before entering — a “breaking” into and then an entry. 1 Hale’s P. C. 554; 1 Bish. Crim.

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Appeal from Circuit Court of Wilcox. Tried before Hon. John K. Henry. The opinion states the case. To constitute the statutory burglary, Eev. Code, § 3695, there must first be a breaking before entering — a “breaking” into and then an entry. 1 Hale’s P. C. 554; 1 Bish. Crim. Law, §§ 250-1. The statute (12 Anne) making breaking out of a house burglary is not law here. 19 Ala. 814. None of the cases hold that a person can be convicted of burglary for entering an opening, which is not a necessary opening. A chimney is a necessary opening to a dwelling, but not to a cotton-house; hence Bonohoo v.…

1Opinion of the CourtJudge, J.

The indictment in this case was for burglary, and charged the defendant with breaking into and entering the cotton-house of Archie Nicholson. The evidence tended to show that the defendant entered the house by going down the chimney, and that after thus entering, he got out of the *377house through a window, by breaking the fastening of the window from the inside of the house.

It is ingeniously contended by counsel for the defendant, that to constitute the crime of burglary, under section 8695 of the Revised Code, there should be a breaking into and entering one of the houses described in said…

2Cases cited1 opinion

  1. Donohoo v. StateSupreme Court of Alabama · 1860

3Cited by7 opinions

  1. State v. PigquesSupreme Court of Missouri · 1958
  2. Brown v. StateSupreme Court of Alabama · 1876
  3. Olds v. StateSupreme Court of Alabama · 1892
  4. Pressley v. StateSupreme Court of Alabama · 1895
  5. Ex Parte GentrySupreme Court of Alabama · 1996

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