Murray & Bell v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. John D. Cunningham. The appellants, Murray and Bell, were indicted for burglary and grand larceny in separate counts of the same indictment. The first count was nolle prossed. The second count charged a burglary committed in “ a building belonging to the estate of John Whiting, in which goods, merchandise,” &e., “were at the time kept for deposit,” &o.
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Appeal from the City Court of Montgomery. Tried before Hon. John D. Cunningham. The appellants, Murray and Bell, were indicted for burglary and grand larceny in separate counts of the same indictment. The first count was nolle prossed. The second count charged a burglary committed in “ a building belonging to the estate of John Whiting, in which goods, merchandise,” &e., “were at the time kept for deposit,” &o. The third count charged, that the appellants “broke into and entered a building belonging to the estate of John Whiting, deceased, in which goods, merchandise, silver ware, table…
1Opinion of the CourtPeters, C. J.
‘The first questions presented in this prosecution, as matter of error, arise on the demurrer to the indictment. The charge is burglary. The first count was abandoned. This left only three others still remaining — the 2d, 3d and 4th. The second count is in these words:
“The grand jury of said county further charge, that before the finding of this indictment, George Murray and Richard Bell broke into and entered a building belonging to the estate of John Whiting, deceased, in which goods, merchandise, silver-ware, table-service, furniture, trunks and clothing, were, at the time, kept for…
2Cases cited3 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Murphy v. StateSupreme Court of Alabama · 1861
- Lyman v. StateSupreme Court of Alabama · 1871
3Cited by11 opinions
- Commonwealth v. MarionSupreme Court of Pennsylvania · 1911
- Dodson v. StateSupreme Court of Alabama · 1888
- Harris v. StateSupreme Court of Alabama · 1913
- Walker v. StateSupreme Court of Alabama · 1878
- Daniels v. StateSupreme Court of Alabama · 1889
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