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69 Ala. 204

Bragg v. State

Supreme Court of Alabama

Decided December 15, 1881

Supreme Court of Alabama · decided 1881-12-15

. Tried Before Hon. John P. Hubbard. The indictment in this case charges, in substance, that the defendant entered into the dwelling house of Robert Bryant, or upon tiie cui’tilage thereof, or upon the public highway near thereto, and in the presence of Jane Bryant, a female, made use of abusive, insulting or vulgar language.

Relies on State v. Hallett · Glover v. Glover

Good law ✅— No negative treatment on recordhow we know

Decided 1881-12-15

How this case has been cited

Cited by 10 later decisions — most recently September 2015

10 state decisions

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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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STONE, J.

¶1There can 'be no question that the house or dwelling mentioned in the evidence had been the dwelling house of Robert Bryant. And while it is shown that he had left the premises with no intention of returning, it is not shown that he had removed therefrom, or that it had ceased to be his dwelling. His wife was still there, spending her days in the house, and on the occasion when the alleged offense was committed, had a wagon there for the purpose of removing the household furniture from the dwelling. She and another female were present. An intention to remove, or steps taken-preparatory to removal, is not a change of domicil. A domicil once acquired is presumed to continue until a new one has been gained facto et cmimo. — Glover v. Glover, 18 Ala. 367; The State v. Hallett, 8 Ala. 159.

¶2The Circuit Court did not err in the charge given or in the charge refused. — Code, § 4203.

¶3Affirmed.

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