Olds v. State

Supreme Court of Alabama

Olds v. State

97 Ala. 81

CourtSupreme Court of Alabama

DecidedJuly 1, 1892

StatusPublished

Cited by6 cases

This text of 97 Ala. 81 (Olds v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Olds v. State, 97 Ala. 81 (Ala. 1892).

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Opinion

HARALSON, J.

— In Donohoo v. State, 36 Ala. 281, we held, that getting into and descending the chimney of a house, with intent to steal, is a sufficient breaking and entering to constitute burglary, although the party does not enter the room of the house, below. And such was the ruling of this court in Walker v. State, 52 Ala. 376, though in the latter case, the party entered into the house by going down the chimney. Such a breaking is an actual one, as much so as the forcible breaking by any other means. 3 Gr. Ev. § 76.

On the foregoing authorities, this case must be affirmed.

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HARALSON, J.

— In Donohoo v. State, 36 Ala. 281, we held, that getting into and descending the chimney of a house, with intent to steal, is a sufficient breaking and entering to constitute burglary, although the party does not enter the room of the house, below. And such was the ruling of this court in Walker v. State, 52 Ala. 376, though in the latter case, the party entered into the house by going down the chimney. Such a breaking is an actual one, as much so as the forcible breaking by any other means. 3 Gr. Ev. § 76.

On the foregoing authorities, this case must be affirmed.

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Bluebook (online)

97 Ala. 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olds-v-state-ala-1892.

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