Henry v. State
Supreme Court of Alabama
Feom the Circuit Court of Pike. Tried before the Hon. J. McOaleb "Wiley. The indictment in this case, which was found on the 13th September, 1865, charged that the prisoner, “ Henry, a freedman, former slave of "William Harris, did feloniously take and carry away, from a dwelling-house, a pair of pants, of the value of two dollars, a pair of drawers, of the value of one dollar, and one shirt, of the value of five dollars, the personal property of William H. Harris; against…
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Feom the Circuit Court of Pike. Tried before the Hon. J. McOaleb "Wiley. The indictment in this case, which was found on the 13th September, 1865, charged that the prisoner, “ Henry, a freedman, former slave of "William Harris, did feloniously take and carry away, from a dwelling-house, a pair of pants, of the value of two dollars, a pair of drawers, of the value of one dollar, and one shirt, of the value of five dollars, the personal property of William H. Harris; against the peace and dignity,” &c. On the trial, as the bill of exceptions shows, one Mrs. Childs was introduced as a witness…
1Opinion of the CourtA. J. Walker, C. J.
The statute upon which the indictment is framed declares, that “ any person who commits larceny in any dwelling-house ” shall be imprisoned in the penitentiary, not less than three nor more than six years. To constitute this offense, larceny must be committed in a dwelling-house. The larceny in this case was committed by taking clothes from the railing on the outer edge of what appears to have been an open piazza, in front of *681a dwelling-house, and attached to it. Now, such a piazza is not a house, and cannot be a dwelling-house. It may be attached to the house, and may, in some sense, be a…
2Cases cited3 opinions
- Ex parte VincentSupreme Court of Alabama · 1855
- State v. ChambersSupreme Court of Alabama · 1844
- Point v. StateSupreme Court of Alabama · 1861
3Cited by6 opinions
- Thompson v. RichardsonSupreme Court of Alabama · 1893
- Driver v. StateSupreme Court of Alabama · 1921
- Lynch v. StateSupreme Court of Alabama · 1889
- State v. PuckettSupreme Court of South Carolina · 1913
- Henderson v. United StatesCourt of Appeals for the D.C. Circuit · 1949
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