Carter v. State
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before Hon. H. D. Clayton. Appellant was indicted for burglary, in breaking into a gin-house, wherein there was seed cotton kept for use, with intent to steal.
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Appeal from Henry Circuit Court. Tried before Hon. H. D. Clayton. Appellant was indicted for burglary, in breaking into a gin-house, wherein there was seed cotton kept for use, with intent to steal. It appears from the evidence that the building into which appellant was charged with breaking, was a ioater-gin; that the house was two stories high ; that the doors and windows of the lower story were left open before, at the time of, and after the alleged burglary, there being nothing in that story or room; that in the floor of the upper room there was a hole about one foot wide and four feet…
1Opinion of the CourtStone, J.
Lifting the latch of an outer door, and thereby effecting an entrance, although the door is not otherwise fastened, is a sufficient breaking and entrance under an indictment for burglary.—State v. Wilson, Coxe (N. J.) 439. So, pushing open an outer, closed door, although not fastened, and thereby entering, (Finch v. Com. 14 Grat. 643), or, lifting the flap of a cellar door, usually kept down by its own weight, (Rex v. Russell, 2 Eng. Cr. Gases, 377,) is each a sufficient breaking for purposes of burglary. And, raising the sash of a window, shut down close but not fastened, or, pulling down an…
2Cases cited3 opinions
- Walker v. StateSupreme Court of Alabama · 1879
- Fisher v. StateSupreme Court of Alabama · 1869
- Lowder v. StateSupreme Court of Alabama · 1879
3Cited by3 opinions
- State v. MooreSupreme Court of Missouri · 1893
- Ashmon v. StateAlabama Court of Appeals · 1913
- Scott v. StateAlabama Court of Appeals · 1928