Brown v. State
Supreme Court of Alabama
FROM the Circuit Court of Wilcox. Tried before tbe Hon John X. Henry. Tbe defendant in tbis case was indicted for breaking and entering tbe drug-store of Hr. John Paul Jones in tbe town of Camden, with tbe intent to steal, and stealing money from the- drawer.
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FROM the Circuit Court of Wilcox. Tried before tbe Hon John X. Henry. Tbe defendant in tbis case was indicted for breaking and entering tbe drug-store of Hr. John Paul Jones in tbe town of Camden, with tbe intent to steal, and stealing money from the- drawer. Tbe evidence adduced on tbe trial, as to wbicb there was no controversy, showed that be entered tbe store through tbe open door, and secreted himself behind tbe counter; tbat the clerk, haying occasion to leave the store, shut the windows', and closed and locked the door, leaving the defendant so secreted; and that the defendant, during…
1Opinion of the Court
STONE, J. —
The Revised Code (§ 3695) declares, that “ any person who, either in the night or day time, with intent to steal, or to commit a felony, breaks into and enters a dwelling house, or any building within the curtilage of a dwelling house, though not forming a part thereof; or into any shop, store, ware-house, or other building, in which any goods, merchandise or other valuable thing is kept for use, sale, or deposit, is guilty of burglary,” &c. It will be observed that this offense naturally divides itself into three constituent elements; the character of the house, the breaking into…
2Cases cited3 opinions
- Commonwealth v. StrupneyMassachusetts Supreme Judicial Court · 1870
- Donohoo v. StateSupreme Court of Alabama · 1860
- Walker v. StateSupreme Court of Alabama · 1875
3Cited by6 opinions
- McClendon v. StateCourt of Criminal Appeals of Alabama · 1976
- Sample v. StateCourt of Special Appeals of Maryland · 1976
- Miller v. StateSupreme Court of Alabama · 1884
- Ray v. StateSupreme Court of Alabama · 1880
- Ex Parte GentrySupreme Court of Alabama · 1996
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