Legal Opinion

Ex parte Vincent

Supreme Court of Alabama

Decided January 15, 1855PublishedCited by 26 opinions

APPLICATION for the writ of habeas corpus, or other appropriate process, to obtain the petitioner’s discharge from custody in the county jail of Talladega under a charge of burglary.

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APPLICATION for the writ of habeas corpus, or other appropriate process, to obtain the petitioner’s discharge from custody in the county jail of Talladega under a charge of burglary. The petitioner alleges, that he is a slave, the property of Hon. Samuel F. Rice; that he was arrested, on the 28th of December, 1854, by a constable of said county, under a warrant from a justice of the peace, which was issued on the affidavit of one Samuel Adler that petitioner “ did, on or about the 2d day of December, commit the crime of burglary, or break open a store-house the property of said Adler” ; that…

1Opinion of the CourtGoldthwaite, J.

— The building broken into was a house of two stories, in which one Adler kept goods for sale. The house below was divided into two rooms, communicating by a door in the partition which divided them. The goods were in the front room, which was used for carrying on the business, and the back room contained a few boxes of shoes, and at and before the time of the breaking was used as a sleeping room by Adler. The second- story was slept in by the clerks of the store, and the proof was, that they were all single men, and took their meals at a hotel in town, except on Sunday, when their breakfasts…

2Cited by26 opinions

  1. Simmons v. StateIndiana Supreme Court · 1955
  2. Smith v. StateSupreme Court of Florida · 1920
  3. Harris v. ReynoldsCalifornia Supreme Court · 1859
  4. Quinn v. . PeopleNew York Court of Appeals · 1878
  5. Eldridge v. StateCourt of Criminal Appeals of Alabama · 1982

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