Hild v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Tried before Hon. O. J. Semmes. Charles Hild was indicted for burglary in breaking and entering the dwelling house of Y. S. Davis, with intent to steal. Hild was a farm laborer employed by Davis, and lived in the same house with him. Davis went to Mobile, leaving Hild in charge of the premises, and on his return found that his room had been entered, and various articles of clothing had been stolen.
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Appeal from Mobile City Court. Tried before Hon. O. J. Semmes. Charles Hild was indicted for burglary in breaking and entering the dwelling house of Y. S. Davis, with intent to steal. Hild was a farm laborer employed by Davis, and lived in the same house with him. Davis went to Mobile, leaving Hild in charge of the premises, and on his return found that his room had been entered, and various articles of clothing had been stolen. The defendant was absent, but confessed that he had taken the articles. Davis testified that the defendant, although he was left iu full charge of the house, had no…
1Opinion of the CourtStone, J.
— The charge asked and refused in this case is not reconcilable with the principle settled in Lowder v. The State, 63 Ala. 143; see also, Clark’s Manual, 847. Moreover, it is doubtful if this charge was not calculated to mislead. The City Court did not err in refusing to give the charge asked.
Affirmed.
2Cases cited1 opinion
- Lowder v. StateSupreme Court of Alabama · 1879
3Cited by3 opinions
- State v. . FlemingSupreme Court of North Carolina · 1890
- Walker v. StateSupreme Court of Alabama · 1892
- State v. McAfeeSupreme Court of North Carolina · 1957