Donohoo v. State
Supreme Court of Alabama
Ekom the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. The indictment in this case charged the, prisoner, Enoch Donohoo, with breaking and entering the storehouse of Messrs. Tucker & Collins, in the town of Opelika, with intent to steal.
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Ekom the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. The indictment in this case charged the, prisoner, Enoch Donohoo, with breaking and entering the storehouse of Messrs. Tucker & Collins, in the town of Opelika, with intent to steal. The bill of exceptions is in the following words: “ The State introduced a witness who testified, that Tucker & Collins were the owners of a store-house m Opelika, in said county, in which articles for sale and deposit were kept; that said building was hip-roofed, and one story high; that some five or six weeks before the sitting of the…
1Opinion of the CourtR. W. Walker, J.
There is no error in tho record. A chimney is a necessary opening, and needs protection. It is a part of the dwelling-house, and as much closed as the nature of tilings will admit. Hence, getting into the chimney of a house, with intent to steal, is a sufficient breaking and entering to constitute burglary, though the party does not enter any of the rooms of tho house. 1 Hawk. P. C. book 1, ch. 17, § 6, and note; 1 Hale’s P. C. 552, Rex v. Brice, Russ. & Ry. 450 ; Rex v. Spriggs, & Rob. 357; 1 Bishop’s Cr. L. § 190; 1 Russell 788; Wharton’s Cr. Law, § 1550; 1 Bennett K. Leading Cr. Cases, 531.
2Cited by11 opinions
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- Brown v. StateSupreme Court of Alabama · 1876
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