¶1The defendant was indicted for burglary of a dwelling house. The ownership of the dwelling house was laid in the husband. The evidence showed the legal title to be in the wife. It was occupied at the time of the burglary by the husband and wife as their home. Actual occupancy of the dwelling by the husband with the wife, and the right to such use and occupancy, is sufficient to justify the laying of the ownership in the husband. Though the legal title is in the wife, it is also his dwelling house.—State v. Trapp, 43 Amer. Rep. 614. The ownership might have been laid in the wife also. The case is different when a party is charged with larceny. The possession of personal property belonging to the wife is referable to the ownership, or legal title, and is distinct and entire, independent of the husband.—Rollins v. The State, 98 Ala. 79; Johnson v. The State, ante p. 55.
100 Ala. 126
Young v. State
Decided November 15, 1893
Supreme Court of Alabama · decided 1893-11-15
Tried before the Hon. John Moore. The defendant was tried under an indictment which charged him with breaking and entering the dwelling house of Lucius Starr with intent to steal. On the trial the testimony showed the legal title to the dwelling house to be in the wife of said Stair at the time of the burglary, and that the house was then actually occupied by the husband and wife.
Relies on Rollins v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1893-11-15
How this case has been cited
Cited by 3 later decisions — most recently June 1939
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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