Olds v. State
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Tried before Hon. John Moore. The evidence in the case showed that one Willis owned a store-house in Wilcox county, where goods were kept for sale, and in January, 1892, the defendant calling for help, was found fastened in the flue of the chimney of the store, just above the fire place, and on being taken out confessed that he entered the chimney for the purpose of stealing goods from the store.
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Appeal from Wilcox Circuit Court. Tried before Hon. John Moore. The evidence in the case showed that one Willis owned a store-house in Wilcox county, where goods were kept for sale, and in January, 1892, the defendant calling for help, was found fastened in the flue of the chimney of the store, just above the fire place, and on being taken out confessed that he entered the chimney for the purpose of stealing goods from the store. The court charged the jury in substance that if the defendant entered chimney with the intention of going down it into the store to steal, then he was guilty as…
1Opinion of the CourtHaralson, J.
— In Donohoo v. State, 36 Ala. 281, we held, that getting into and descending the chimney of a house, with intent to steal, is a sufficient breaking and entering to constitute burglary, although the party does not enter the room of the house, below. And such was the ruling of this court in Walker v. State, 52 Ala. 376, though in the latter case, the party entered into the house by going down the chimney. Such a breaking is an actual one, as much so as the forcible breaking by any other means. 3 Gr. Ev. § 76.
On the foregoing authorities, this case must be affirmed.
2Cases cited2 opinions
- Donohoo v. StateSupreme Court of Alabama · 1860
- Walker v. StateSupreme Court of Alabama · 1875
3Cited by6 opinions
- State v. PigquesSupreme Court of Missouri · 1958
- Creel v. StateCourt of Criminal Appeals of Alabama · 1974
- Miller v. StateDistrict Court of Appeal of Florida · 1966
- Pressley v. StateSupreme Court of Alabama · 1895
- State v. HartSupreme Court of South Carolina · 1913
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