Pines v. State

Decided January 15, 1874

Supreme Court of Alabama · decided 1874-01-15

From the Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. The indictment in this case charged, that the defendants, Jerry Pines and Offy Sutton, “ broke into the storehouse of M. D. Hart, in which goods, merchandise, or other valuable thing, is kept for sale or deposit, with the intent to steal; against the peace,” &c. There was no objection to the indictment, and the trial was had on issue joined on the plea of not guilty.

Cited by 2 later decisions — most recently September 1968

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-01-15

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B. F. S AFFOLD, J.

¶1The indictment is fatally defective, in not charging the entering. Eev. Code, p. 811, Form No. 35.

¶22. 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.”

¶3The judgment is reversed, and the cause remanded.