State v. Chambers
Supreme Court of Alabama
Novel and difficult questions. The prisoner was indicted and tried at the circuit court of Tuskaloosa, for entering a dwelling house and stealing therefrom, twenty-five dollars in bank notes. It was proved that the prisoner had stolen the money described in the indictment, from the prosecutor, and from his dwelling house. That at the time of the larceny, the prisoner was a hireling, and lived in the house of the prosecutor.
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Novel and difficult questions. The prisoner was indicted and tried at the circuit court of Tuskaloosa, for entering a dwelling house and stealing therefrom, twenty-five dollars in bank notes. It was proved that the prisoner had stolen the money described in the indictment, from the prosecutor, and from his dwelling house. That at the time of the larceny, the prisoner was a hireling, and lived in the house of the prosecutor. The prisoner, by his counsel, asked the court to charge that these facts would not support the indictment, which the court refused, and charged the jury, that if he…
1Opinion of the Court
ORMOND, J
The statute under which this indictment is framed, is as follows: “Every person who shall enter any dwelling house, store house, &c. and therein commit the crime of larceny, and be thereof convicted, shall be punished by imprisonment in the penitentiary, not less than three, nor more than six years.”
The intention of this law was, to protect property under the sanction of the dwelling house or other depository mentioned in the act by making it more penal than ordinary larceny. To constitute the offence, there must be an entry, and we think it cannot be doubted that this entry must be…
2Cited by5 opinions
- Connor v. PeopleSupreme Court of Colorado · 1893
- Ex Parte WrightCourt of Criminal Appeals of Oklahoma · 1941
- Henry v. StateSupreme Court of Alabama · 1866
- Moore v. StateSupreme Court of Alabama · 1866
- Point v. StateSupreme Court of Alabama · 1861