Welch v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. A. C. Howze. Arthur Welch was convicted of burglary, and he appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. A. C. Howze. Arthur Welch was convicted of burglary, and he appeals. The indictment charges that Arthur Welch, with intent to steal, broke into and entered the storehouse ol Billy B. Bell, in which goods, spirituous op malt liquors, things of value, were kept for use, sale, or deposit, and having so broken and entered feloniously took and carried away therefrom two quarts of whisky of the value of |3, the personal property of Billy B. Bell, against, etc. The demurrers were that the indictment charges no offense under the law; that it is…
1Opinion of the CourtSimpson, J.
The indictment under which the defendant was convicted was demurred to, on the ground that it charged both burglary, a felony, and petit larceny, a misdemeanor. The demurrer was properly overruled. The indictment charges burglary. While it was not necessary to have alleged the actual taking and carrying away of the goods, yet, when alleged, as in this indictment, in connection with defendant’s “having so broken and entered feloniously,” it does not constitute a separate charge of larceny, but merely alleges that the intent to steal was carried into effect. — Walker v. State, 97 Ala. 85, 12…
2Cases cited16 opinions
- Mayberry v. StateSupreme Court of Alabama · 1894
- Mobile Light & R. R. v. Walsh, C.Supreme Court of Alabama · 1906
- Hurd v. StateSupreme Court of Alabama · 1891
- Liner v. StateSupreme Court of Alabama · 1899
- Kroell v. StateSupreme Court of Alabama · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- May v. StateSupreme Court of Florida · 1925
- Davis v. StateAlabama Court of Appeals · 1913
- Hudson v. StateCourt of Criminal Appeals of Alabama · 1976
- Olden v. StateSupreme Court of Alabama · 1912
- Newsom v. StateAlabama Court of Appeals · 1916
14 more not listed; retrieve them via the Exa API.