Legal Opinion

Pressley v. State

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 6 opinions

Appeal from the Circuit Court of Wilcox. Tried before the Hon. B. Gaillard, Special Judge. The appellant was indicted, tried and convicted for burglary. The indictment and the gist of the demurrers thereto, which were overruled, are stated in the opinion.

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Appeal from the Circuit Court of Wilcox. Tried before the Hon. B. Gaillard, Special Judge. The appellant was indicted, tried and convicted for burglary. The indictment and the gist of the demurrers thereto, which were overruled, are stated in the opinion. Upon the introduction of Wheeler Young, in whom the ownership of the house alleged to have been burglarized was laid, as a witness, he testified to the breaking into the house and the stealing therefrom of flour and hams, meat, lard and sugar; and that upon his and Lindsey Young discovering some tracks near the scene of the burglary, they…

1Opinion of the CourtColeman, J.

The defendant was indicted for burglary. The charge is that the defendant, “with intent to steal, broke into and entered a building, to-wit, the smoke-house of Wheeler Young, in which said smokehouse meat and flour, things of value, were kept for use, .sale or deposit,” &c. The defendant demurred to the indictment, assigning several grounds, all of which were overruled.

The statute reads as follows : “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, structure, or enclosure within the…

2Cases cited6 opinions

  1. Burton v. StateSupreme Court of Alabama · 1894
  2. Owen v. StateSupreme Court of Alabama · 1885
  3. Donohoo v. StateSupreme Court of Alabama · 1860
  4. Banks v. StateSupreme Court of Alabama · 1887
  5. Walker v. StateSupreme Court of Alabama · 1875

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Curry v. StateSupreme Court of Alabama · 1919
  2. Owens v. StateSupreme Court of Alabama · 1926
  3. State v. HiltonSupreme Court of Missouri · 1913
  4. Minton v. StateAlabama Court of Appeals · 1924
  5. Legg v. StateAlabama Court of Appeals · 1939

1 more not listed; retrieve them via the Exa API.

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