Adair v. State
Alabama Court of Appeals
Appeal from Circuit Court,-Clay County; W. L. Longshore, Judge. Itoseoe Adair was convicted of burglary, and he appeals. Charges 1, 3, and 11, refused on defendant’s request, are as follows: “(1) The court further charges the jury that, under the evidence in this case, they should not find that the defendant entered that house with intent to steal.”
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Appeal from Circuit Court,-Clay County; W. L. Longshore, Judge. Itoseoe Adair was convicted of burglary, and he appeals. Charges 1, 3, and 11, refused on defendant’s request, are as follows: “(1) The court further charges the jury that, under the evidence in this case, they should not find that the defendant entered that house with intent to steal.” “(3) The jury is instructed that the evidence in this case is not sufficient for the jury to find that the defendant entered this house with intent to steal.” “(11) I charge, if you are not convinced beyond all reasonable doubt a door or window…
1Opinion of the CourtBrigken, P. J.
The undisputed testimony in this case, as shown by the record, is that this defendant was found, about 9 o’clock at night, hidden under a bed in the dwelling house of one Aaron Harris, the person named in the indictment. He was indicted, tried, and convicted of the offense of burglary; the indictment charging that with intent to steal he broke into and entered the dwelling house of Aaron Harris.
The state contended that he entered the bed room through a closed door at the time when Harris and his family were at supper, and s.ecreted himself under the bed of Mrs, Harris, "where he was…
2Cited by11 opinions
- Grayson v. StateCourt of Criminal Appeals of Alabama · 1995
- Junior v. StateCourt of Criminal Appeals of Alabama · 1971
- Creel v. StateCourt of Criminal Appeals of Alabama · 1974
- Martin v. StateAlabama Court of Appeals · 1968
- Cox v. StateAlabama Court of Appeals · 1948
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