Ward v. State
Supreme Court of Alabama
FliOM the Circuit Court of Barbour. Tried before the Hon. J. McCalbb Wiley. The indictment in this case, omitting the heading, &c., was in these words : The grand jury of said county charge, that, before the finding of this indictment, Lamb Miller and Peter Ward broke into and entered a building within the curtilage of the dwelling-house; or into a shop, storehouse, warehouse, or other building of William Harris, in which goods, merchandise, or other valuable thing was kept,…
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FliOM the Circuit Court of Barbour. Tried before the Hon. J. McCalbb Wiley. The indictment in this case, omitting the heading, &c., was in these words : The grand jury of said county charge, that, before the finding of this indictment, Lamb Miller and Peter Ward broke into and entered a building within the curtilage of the dwelling-house; or into a shop, storehouse, warehouse, or other building of William Harris, in which goods, merchandise, or other valuable thing was kept, for use, sale, or deposit, with intent to steal; against the peace,” &c. The defendant Ward demurred to the indictment,…
1Opinion of the CourtBrickell, J.
1. The indictment is in substantial conformity to the form prescribed by the Code. This form authorizes laying the offence in the disjunctive; and however objectionable such air allegation at common law, it must be deemed sufficient when authorized by statute.
2. It is certainly true, that an indictment for burglary must allege correctly the ownership of the house broken and entered. This indictment contains an averment,, of ownership ; but it is insisted that because of the punctuation adopted by the pleader, the averment of ownership can be referred only to the shop, storehouse, warehouse,…
2Cases cited1 opinion
- Brister v. StateSupreme Court of Alabama · 1855
3Cited by10 opinions
- Redd v. StateSupreme Court of Alabama · 1881
- Coffee v. StateSupreme Court of Florida · 1889
- Bader v. StateIndiana Supreme Court · 1911
- White v. StateAlabama Court of Appeals · 1964
- State v. KanerSupreme Court of Missouri · 1936
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