67 Ala. 39
Decided December 15, 1880
Supreme Court of Alabama · decided 1880-12-15
Tried before Hon. O. J. Semmes. Charles Hild was indicted for burglary in breaking and entering the dwelling house of Y. S. Davis, with intent to steal. Hild was a farm laborer employed by Davis, and lived in the same house with him. Davis went to Mobile, leaving Hild in charge of the premises, and on his return found that his room had been entered, and various articles of clothing had been stolen. The defendant was absent, but confessed that he had taken the articles.
Cited by 2 later decisions — most recently November 1957
2 state decisions
Relies on Lowder v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1880-12-15
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¶1— The charge asked and refused in this case is not reconcilable with the principle settled in Lowder v. The State, 63 Ala. 143; see also, Clark’s Manual, 847. Moreover, it is doubtful if this charge was not calculated to mislead. The City Court did not err in refusing to give the charge asked.
¶2Affirmed.