Diggs v. State

101 So. 357, 20 Ala. App. 213, 1924 Ala. App. LEXIS 242

Opinion

SAMFORD, J.

The indictment was in Code form and charged a burglary of a dwelling, or shop, store, warehouse, or other building of E. H. Baker, in which goods, merchandise, or clothing, things of value, were kept for sale, use, or deposit. The evidence for the state was that defendant broke and entered a storehouse of B. H. Baker, but there was no evidence that “things of value, were kept for sale, use, or deposit.” The .judgment in this case is reversed, on authority of Gilmore v. State, 99 Ala. 154, 13 South. 536; Porter v. State, 17 Ala. App. 550, 86 South. 143; Ashmon v. State, 9 Ala. App. 29, 63 South. 754.

Tlie judgment is reversed, and the cause is remanded.

Reversed and remanded.