Emmonds v. State
Supreme Court of Alabama
From the Criminal Court of Jefferson. Tried before the Hon. S. E. Greene. The defendants in this case, John Emmonds and Henry Williams, were jointly indicted for burglary, in breaking and entering “the store of the Perry Mason Shoe Company;” were jointly tried and convicted, and sentenced to the penitentiary for the term of two years. There was no demurrer to the indictment, and no motion in arrest of judgment.
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From the Criminal Court of Jefferson. Tried before the Hon. S. E. Greene. The defendants in this case, John Emmonds and Henry Williams, were jointly indicted for burglary, in breaking and entering “the store of the Perry Mason Shoe Company;” were jointly tried and convicted, and sentenced to the penitentiary for the term of two years. There was no demurrer to the indictment, and no motion in arrest of judgment. On the trial, as the bill of exceptions states, “it was proved that the Perry Mason Shoe Company was a corporation, duly organized under the laws of Alabama, and composed of divers…
1Opinion of the CourtMcCLELLAN, J.
The indictment charges the breaking and entering “of the store of the Perry Mason Shoe Company,” with the intent to steal, &c. The sole question presented by the record for our consideration is, whether the allegation as to the ownership of the house entered is sufficient. One of the essentials of a charge, in offenses against property, is the negation of the defendant’s ownership, by such averments as show affimatively, that the property, general or special, against which the crime is laid, is in another. It is on this principle that indictments charging offenses against the property of…
2Cases cited6 opinions
- People v. SchwartzCalifornia Supreme Court · 1867
- Beall v. StateSupreme Court of Alabama · 1875
- State v. MeadSupreme Court of Vermont · 1855
- Davis v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Addington v. StateAlabama Court of Appeals · 1916
- Nelson v. StateCourt of Criminal Appeals of Alabama · 1973
- Adams v. StateAlabama Court of Appeals · 1915
- Mehaffey v. StateAlabama Court of Appeals · 1917
- Brown v. StateAlabama Court of Appeals · 1946
30 more not listed; retrieve them via the Exa API.