Danner v. State
Supreme Court of Alabama
Appeal from Circuit Court of Bullock, Tried before Hon. J. E. Cobb, Appellant was convicted of burglary, upon an indictment which charged that he “ broke into and entered a shop, store, Warehouse or other building, the property of J. Z. Andrews, in which goods, merchandize or other valuable thing, was kept for use, sale or deposit, with intent to steal, against the peace,” &c.
Read the full summary
Appeal from Circuit Court of Bullock, Tried before Hon. J. E. Cobb, Appellant was convicted of burglary, upon an indictment which charged that he “ broke into and entered a shop, store, Warehouse or other building, the property of J. Z. Andrews, in which goods, merchandize or other valuable thing, was kept for use, sale or deposit, with intent to steal, against the peace,” &c. The indictment was found in the circuit court of Barbour, and a changfe of venue was granted to Bullock circuit court, on account of local prejudice. On the trial in the latter court, a number of witnesses were…
1Opinion of the CourtManning, J.
The indictment in this cause, under section 3695 of the Revised Code, charges that defendant “broke into and entered a shop, store, warehouse, or other building, the property of J. Z. Andrews, in which goods, merchandize, or other valuable thing was kept for use, sale, or deposit, with intent to steal, against the peace and dignity,” &c. The language used is that contained in the section.
A statute creating a crime often specifies certain particular acts and things as constituting it, and then declares further, in alternative words, that the offense may be committed otherwise by acts and…
2Cases cited5 opinions
- State v. ClickSupreme Court of Alabama · 1841
- Coleman v. StateSupreme Court of Alabama · 1858
- State v. RaifordSupreme Court of Alabama · 1838
- Webb v. StateSupreme Court of Alabama · 1875
- Robinson v. StateSupreme Court of Alabama · 1875
3Cited by20 opinions
- State v. . KnottsSupreme Court of North Carolina · 1914
- Gayden v. StateSupreme Court of Alabama · 1955
- Griffin v. StateSupreme Court of Alabama · 1909
- People v. ConteCalifornia Court of Appeal · 1912
- Wesley v. StateSupreme Court of Alabama · 1878
15 more not listed; retrieve them via the Exa API.