Pines v. State

Supreme Court of Alabama

Pines v. State

50 Ala. 153

CourtSupreme Court of Alabama

DecidedJanuary 15, 1874

StatusPublished

Cited by2 cases

This text of 50 Ala. 153 (Pines 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

Pines v. State, 50 Ala. 153 (Ala. 1874).

Pincite

Opinion

B. F. S AFFOLD, J.

The indictment is fatally defective, in not charging the entering. Eev. Code, p. 811, Form No. 35.

2. The charge of the court is erroneous. Eussell says: “If a man enter into a house through a door or window which he finds open, or through a hole which was made there before, and steals goods, or draws goods out of a house through such door, window, or hole, he will not be guilty of burglary.” Euss. Crimes, vol. 1, p. 786. Blackstone says: “If a person leaves his doors or windows open, it is his own folly and negligence ; and if a man enters therein, it is no burglary.”

The judgment is reversed, and the cause remanded.

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B. F. S AFFOLD, J.

The indictment is fatally defective, in not charging the entering. Eev. Code, p. 811, Form No. 35.

2. The charge of the court is erroneous. Eussell says: “If a man enter into a house through a door or window which he finds open, or through a hole which was made there before, and steals goods, or draws goods out of a house through such door, window, or hole, he will not be guilty of burglary.” Euss. Crimes, vol. 1, p. 786. Blackstone says: “If a person leaves his doors or windows open, it is his own folly and negligence ; and if a man enters therein, it is no burglary.”

The judgment is reversed, and the cause remanded.

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Bluebook (online)

50 Ala. 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pines-v-state-ala-1874.

Opinion

B. F. S AFFOLD, J.

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