Public-domain · open source
OpenJurist

140 Ala. 146

Smith v. State

Supreme Court of Alabama

Decided November 15, 1903

Supreme Court of Alabama · decided 1903-11-15

Tried before the Hon. William H. Thomas. The appellants in this case were tried and convicted for burglary, and were sentenced to the penitentiary for four years.

Cited by 2 later decisions — most recently June 1915

2 state decisions

Relies on Stone v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1903-11-15

View the full empirical analysis of this case →

TYSON, J.

¶1The defendants were indicted and convicted for the offense of burglary. — § 4417 of the Code.

¶2*148The building burglarized by them was a permanent and substantial structure and not a temporary one erected for a special purpose. It was, therefore, unnecessary that the indictment should allege or the evidence show that it was “especially constructed or made to keep” the harness and other things of value that were in it at the time it was entered.Stone v. State, 63 Ala. 115.

¶3Charges 2 and 3 requested by defendants were, therefore, properly refused.

¶4Charge 1 was also properly refused as the evidence tended to prove every element of the crime charged.

¶5Affirmed.

/140/ala/146 · .json · Public domain