Legal Opinion

Miles v. State

Supreme Court of Alabama

Decided June 15, 1866PublishedCited by 9 opinions

Erom the Circuit Court of Lowndes. Tried before the Hon. E. Bugbee. The indictment in this case was found on the 26th October, 1865, and charged the prisoner, Stephen Miles, a freedman, with feloniously breaking and entering “a smokehouse, a building within the curtilage of the dwelling-house of Aquilla Miles, but not forming a part thereof, with intent to steal,” and stealing therefrom one thousand pounds of bacon, of the value of three hundred dollars.

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Erom the Circuit Court of Lowndes. Tried before the Hon. E. Bugbee. The indictment in this case was found on the 26th October, 1865, and charged the prisoner, Stephen Miles, a freedman, with feloniously breaking and entering “a smokehouse, a building within the curtilage of the dwelling-house of Aquilla Miles, but not forming a part thereof, with intent to steal,” and stealing therefrom one thousand pounds of bacon, of the value of three hundred dollars. The defendant pleaded not guilty, without objection to the indictment; and was tried at the May term, 1866. On the trial, as the bill of…

1Opinion of the CourtJudge, J.

The prisoner was indicted for burglary, under section 3183 of the Code, which defines that offense in this State. Section 3184, at the time the indictment was found, prescribed the punishment for the offense, and is as follows: “Any person who commits the crime of burglary, on conviction, must be imprisoned in the penitentiary, not less than three, or more than fifty years.”

An act of the legislature, approved December 15,1865, “the more effectually to prevent the offenses of grand larceny, arson, and burglary,” is as follows : “Be it enacted,” &c., “that from and after the passage of this…

2Cases cited2 opinions

  1. Davis v. StateCourt of Appeals of Maryland · 1854
  2. Commonwealth v. PegramGeneral Court of Virginia · 1829

3Cited by9 opinions

  1. Bibb v. StateSupreme Court of Alabama · 1887
  2. Marion v. StateNebraska Supreme Court · 1884
  3. State v. Perkins.Supreme Court of North Carolina · 1906
  4. Cisson v. United StatesCourt of Appeals for the Fourth Circuit · 1930
  5. Dunlap v. Board of Com'rs of Carter Co.Supreme Court of Oklahoma · 1922

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