Adams v. State

Alabama Court of Appeals

Adams v. State

126 So. 609, 23 Ala. App. 440, 1930 Ala. App. LEXIS 70

CourtAlabama Court of Appeals

DecidedMarch 4, 1930

Docket8 Div. 800.

StatusPublished

This text of 126 So. 609 (Adams v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. State, 126 So. 609, 23 Ala. App. 440, 1930 Ala. App. LEXIS 70 (Ala. Ct. App. 1930).

Pincite

Opinion

-SAMFORD, J.

The second count óf the indictment is found under section 3480 of the Code of 1923, which provides: “If any person shall enter into any premises or building made the subject of burglary in this state, by day or by night, without breaking the same with an intent to commit a felony, etc.” To constitute this crime and one of the principal elements thereof, the building charged to have been entered must have been the subject of burglary in this state. The description of'the premises as: “The storehouse of W. L. Craft” without more is not sufficient to charge a .crime. A storehouse,' unless it is within the 'curtilage of a dwelling, or in which there were at the time goods, wares, merchandise, or other valuable things kept for use, sale, or deposit, is not the subject of burglary in this state, and the demurrer of defendant should have been sustained. Code 1923, §§ 3479, 3480. The defendant having been convicted under the second count of the indictment, it cannot he said that the overruling of the demurrer was without injury to the substantial rights of defendant.

As we view it, other questions raised will probably not arise on another trial.

Fór errors in overruling defendant’s demurrer, the judgment is reversed, and the cause is remanded.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

-SAMFORD, J.

The second count óf the indictment is found under section 3480 of the Code of 1923, which provides: “If any person shall enter into any premises or building made the subject of burglary in this state, by day or by night, without breaking the same with an intent to commit a felony, etc.” To constitute this crime and one of the principal elements thereof, the building charged to have been entered must have been the subject of burglary in this state. The description of'the premises as: “The storehouse of W. L. Craft” without more is not sufficient to charge a .crime. A storehouse,' unless it is within the 'curtilage of a dwelling, or in which there were at the time goods, wares, merchandise, or other valuable things kept for use, sale, or deposit, is not the subject of burglary in this state, and the demurrer of defendant should have been sustained. Code 1923, §§ 3479, 3480. The defendant having been convicted under the second count of the indictment, it cannot he said that the overruling of the demurrer was without injury to the substantial rights of defendant.

As we view it, other questions raised will probably not arise on another trial.

Fór errors in overruling defendant’s demurrer, the judgment is reversed, and the cause is remanded.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

126 So. 609, 23 Ala. App. 440, 1930 Ala. App. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-alactapp-1930.