Pairo v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hón. C. F. Moulton. The indictmént in this case contained six counts ; the first averring that the defendant “ broke and entered a store or building of Kilshaw Irwin,” &c., “with intent to commit a felony; ” the second, that he broke and entered said store “ with intent wilfully to set fire to or burn the said store ; ” the third, that he broke and entered a store or building of Jonathan Emanuel, “with intent wilfully to set…
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From the City Court of Mobile. Tried before the Hón. C. F. Moulton. The indictmént in this case contained six counts ; the first averring that the defendant “ broke and entered a store or building of Kilshaw Irwin,” &c., “with intent to commit a felony; ” the second, that he broke and entered said store “ with intent wilfully to set fire to or burn the said store ; ” the third, that he broke and entered a store or building of Jonathan Emanuel, “with intent wilfully to set fire to or burn said store; ” the fourth, that he broke into and entered a store, the property of Gideon M. Parker, “ with…
1Opinion of the CourtPeters, J.
— It is not necessary to go at large into all the exceptions taken in the course of the trial in the City Court. The judgment of conviction must be reversed, and the cause must be remanded for a new trial, on account of the overruling of the demurrer to the sixth count in the indictment. The demurrer to that count should have been sustained. There are several ways in which, under our statute, burglary may be committed. To follow the language of the statute: 1. Any person who, in the night or daytime, breaks into and enters a dwelling-house, or any building within the curtilage of the…
2Cited by3 opinions
- Griffin v. StateAlabama Court of Appeals · 1928
- Coker v. StateAlabama Court of Appeals · 1922
- Vines v. StateWyoming Supreme Court · 1911