Miller v. State
Supreme Court of Alabama
Indictment for Burgla/ry. From the Circuit Court of Madison. Tried before the Hon. II. O. Speak®. The indictment in this case charged that the defendant, George Miller, with intent to steal, broke into and entered a corn-crib of John Fanning, a building specially constructed to hold or keep corn, and in which corn, a thing of value, was at the time kept for use.
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Indictment for Burgla/ry. From the Circuit Court of Madison. Tried before the Hon. II. O. Speak®. The indictment in this case charged that the defendant, George Miller, with intent to steal, broke into and entered a corn-crib of John Fanning, a building specially constructed to hold or keep corn, and in which corn, a thing of value, was at the time kept for use. The defendant pleaded not guilty, and was tried on issue joined on that plea; and being convicted, he was sentenced by the court to hard labor for the county for one year, and to an additional term of 469 days for the nonpayment of…
1Opinion of the CourtStone, C. J.
There was certainly testimony in this case that the corn had value. Use as food for horses and mules, constitutes value, as all men must be presumed to know. But there was evidence that corn, in that neighborhood, was wmrth fifty cents a bushel, and that there were in the crib from one hundred and fifty to two hundred bushels of corn. If this testimony was believed, there was ample evidence of value. The Circuit Court did not err in the affirmative charge given, nor in refusing to give charges three and four asked by the defendant. There being proof that corn had value, there is no rule of…
2Cases cited4 opinions
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Walker v. StateSupreme Court of Alabama · 1879
- Brown v. StateSupreme Court of Alabama · 1876
- Pines v. StateSupreme Court of Alabama · 1874
3Cited by6 opinions
- Weaver v. StateAlabama Court of Appeals · 1911
- Lumpkin v. StateAlabama Court of Appeals · 1923
- Stanfield v. StateAlabama Court of Appeals · 1912
- Claiborne v. StateTennessee Supreme Court · 1904
- Johnson v. StateAlabama Court of Appeals · 1912
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