Young v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. The defendant was tried under an indictment which charged him with breaking and entering the dwelling house of Lucius Starr with intent to steal. On the trial the testimony showed the legal title to the dwelling house to be in the wife of said Stair at the time of the burglary, and that the house was then actually occupied by the husband and wife.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. The defendant was tried under an indictment which charged him with breaking and entering the dwelling house of Lucius Starr with intent to steal. On the trial the testimony showed the legal title to the dwelling house to be in the wife of said Stair at the time of the burglary, and that the house was then actually occupied by the husband and wife. The defendant moved the court for his discharge because there was a variance between the allegation and the proof as to the ownership, which motion was refused by the court…
1Opinion of the CourtColeman, J.
The defendant was indicted for burglary of a dwelling house. The ownership of the dwelling house was laid in the husband. The evidence showed the legal title to be in the wife. It was occupied at the time of the burglary by the husband and wife as their home. Actual occupancy of the dwelling by the husband with the wife, and the right to such use and occupancy, is sufficient to justify the laying of the ownership in the husband. Though the legal title is in the wife, it is also his dwelling house.—State v. Trapp, 43 Amer. Rep. 614. The ownership might have been laid in the wife also. The case…
2Cases cited1 opinion
- Rollins v. StateSupreme Court of Alabama · 1893
3Cited by6 opinions
- Lindsey v. StateAlabama Court of Appeals · 1939
- Lindsey v. StateAlabama Court of Appeals · 1939
- Pickett v. StateAlabama Court of Appeals · 1916
- Pickett v. StateAlabama Court of Appeals · 1916
- Pickett v. StateAlabama Court of Appeals · 1916
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