Anderson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before Hon. James Q. Smith. The opinion states the case. Fitzpatrick & Williamson, for appellant. — Property must belong to some living person, natural or artificial. The “ estate of Mrs. Lewis ” is not such person. If it means Mrs. Lewis’ property, she was dead and could not hold property; if the “ estate,” it is a legal nonentity.
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Appeal from the Circuit Court of Lowndes. Tried before Hon. James Q. Smith. The opinion states the case. Fitzpatrick & Williamson, for appellant. — Property must belong to some living person, natural or artificial. The “ estate of Mrs. Lewis ” is not such person. If it means Mrs. Lewis’ property, she was dead and could not hold property; if the “ estate,” it is a legal nonentity. It should have been charged as the property of the executrix, the devisees or the lessees. — 2 Hale’s P. C. 181; 2 EastP. 0.652; Odie v. Oom., 5 Grattan, 696.
1Opinion of the CourtPeters, J.
This is a prosecution for burglary. The indictment is in the following words: “The grand jury of said county charge, that before the finding of this indictment, Bully Bibb, alias Patrick Bibb, alias Patrick Anderson, *666broke into and entered a building attached to a gin-house, commonly called a lint-room, the property of the estate of Mrs. Lewis, in which goods, merchandise or other valuable articles were kept for use, sale or deposit, with the intent to steal, against the peace and dignity of the State of Alabama.” This indictment was demurred to by the defendant in the court below. The ground…
2Cases cited6 opinions
- Clark v. StateSupreme Court of Alabama · 1851
- Butler v. StateSupreme Court of Alabama · 1853
- Eubanks v. StateSupreme Court of Alabama · 1850
- Lodano v. StateSupreme Court of Alabama · 1854
- Smith v. StateSupreme Court of Alabama · 1853
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3Cited by5 opinions
- White v. StateAlabama Court of Appeals · 1964
- Beall v. StateSupreme Court of Alabama · 1875
- Chaney v. StateSupreme Court of Alabama · 1932
- Evans v. StateAlabama Court of Appeals · 1949
- State v. DanNevada Supreme Court · 1884