Hurt v. State
Supreme Court of Alabama
Feom the Circuit Court of Greene. Tried before the Hon. Luther R. Smith, The indictment in this case, which was found on the 6th January, 1876, contained two counts ; the first charging that the defendant, “ with intent to steal, broke into and entered the dwelling-house, house within the the curtilage of the dwelling-house, shop, store, warehouse, smoke-house, or other building of T. 0. Clark, in which goods, merchandise, meat, flour, things of value, were kept for use,…
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Feom the Circuit Court of Greene. Tried before the Hon. Luther R. Smith, The indictment in this case, which was found on the 6th January, 1876, contained two counts ; the first charging that the defendant, “ with intent to steal, broke into and entered the dwelling-house, house within the the curtilage of the dwelling-house, shop, store, warehouse, smoke-house, or other building of T. 0. Clark, in which goods, merchandise, meat, flour, things of value, were kept for use, sale, or deposit and the second, that he broke and entered the building, described as above, “ in which goods, merchandise,…
1Opinion of the Court
STONE, J. —
Tbe only evidence in this record, of tbe time when tbe offense was committed, places it in 1871, or 1872. Tbe indictment was found in January, 1876; necessarily more than three years after tbe last possible clay in 1872. Burglary is not one of tbe offenses mentioned in either of tbe sections 3949 and 3950 of tbe Bevised Code. Hence, it is not governed by them. Being a felony, and not being specified in said two sections, it falls within tbe influence of section 3951, which declares that tbe prosecution of all other felonies “must be commenced within three years next after tbe…
2Cases cited3 opinions
- Autauga County v. DavisSupreme Court of Alabama · 1858
- Foster v. StateSupreme Court of Alabama · 1863
- Norris & Coleman v. StateSupreme Court of Alabama · 1874
3Cited by2 opinions
- Williams v. StateSupreme Court of Alabama · 1880
- Doss v. StateAlabama Court of Appeals · 1913