Legal Opinion

Harris v. State

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 16 opinions

Appeal from City Court of Montgomery. Tried before Hon. T. M. Arrington. Allen Harris, the defendant in tlie court below, appellant bere, was indicted for breaking into and entering a designated building within the curtilage of a dwelling bouse, “ with tbe intent to steal, and having so broken into and entered said building, then' and there feloniously took and carried away seven turkeys of the aggregate value of twelve dollars, the personal property,” etc.

Read the full summary

Appeal from City Court of Montgomery. Tried before Hon. T. M. Arrington. Allen Harris, the defendant in tlie court below, appellant bere, was indicted for breaking into and entering a designated building within the curtilage of a dwelling bouse, “ with tbe intent to steal, and having so broken into and entered said building, then' and there feloniously took and carried away seven turkeys of the aggregate value of twelve dollars, the personal property,” etc. The defendant was found guilty of burglary, and sentenced to hard labor for the county. • After proving the breaking and entry as…

1Opinion of the CourtBbickell, C. J.

— The recorder of the city of Montgomery is clothed with jurisdiction of violations of the ordinances of the city, and, in addition, with “all the powers and authority that belong to justices of the peace in criminal matters, by the laws of this-State.” — Pamph. Acts, .1869-70, p. 363, §10; Pamph. Acts, 1880-1, p. 496, § 2. The powers and authority of justices of the peace include plenary jurisdiction as committing magistrates — the jurisdiction to inquire and determine whether there is probable cause to believe a criminal offense has been committed, and that the person charged is guilty of…

2Cases cited2 opinions

  1. Davis v. StateSupreme Court of Alabama · 1850
  2. Tharp v. StateSupreme Court of Alabama · 1849

3Cited by16 opinions

  1. Williams v. StateCourt of Criminal Appeals of Alabama · 1979
  2. Mitchell v. StateSupreme Court of Alabama · 1896
  3. Lowe v. StateSupreme Court of Alabama · 1888
  4. Floyd v. StateSupreme Court of Alabama · 1886
  5. Sanford v. StateSupreme Court of Alabama · 1904

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API