Lynch v. State
| Decision Date | 05 May 1890 |
| Citation | 7 So. 829,89 Ala. 18 |
| Parties | LYNCH v. STATE. |
| Court | Alabama Supreme Court |
Appeal from city court of Montgomery; THOMAS M. ARRINGTON, Judge.
Indictment under Code Ala. 1886, § 3789, for stealing a trunk from a warehouse. The taking was from a depot platform near the door of the baggage-room, the roof of which extended over it, but it was not inclosed, and it was used as a common passage-way by all going about the depot.
John G. Finlay, for appellant.
W L. Martin, Atty. Gen., for the State.
A warehouse defined to be "a place adapted to the reception and storage of goods and merchandise." 2 Rap. & L. Law Dict. 1344; 2 Bouv. Law Dict. 799. A cellar used merely for the deposit of goods intended for removal and sale is a "warehouse" within the statute of 7 & 8 Geo IV., defining burglary. Reg. v. Hill, 2 Moody & R. 458. The term "warehouse," as employed in the Kentucky statutes against larceny, means any house, not an office or shop, in which goods, wares, and merchandise are usually deposited for safe-keeping, or for sale, and includes a granary built and used for keeping and preserving farming utensils and the like. Ray v. Com., 12 Bush, 397. This court has said that in construing the word "warehouse," as used in the penal statute concerning larceny, from it and other like structures, the legislature must be held to "have had in contemplation when making the enactment, such warehouses as they and our people are familiar with throughout the state," which would include "a covered structure, used for storing cotton bales, one side and end of which were planked up, and the others left open, so that wagons could drive under to load and unload, which, together with two acres of land connected with it, was inclosed by a plank fence nine feet high, the gates of which were kept locked." Hagan v. State, 52 Ala. 373
. To these several definitions we may add, further, that to our minds the term necessarily involves the idea of an inclosure of some sort; some kind of structural barrier to the ingress of the public, designed to afford protection to the goods deposited therein, and to contribute to their safe-keeping. The open, uninclosed, though covered, place disclosed in the facts of this case, to which the public had unobstructed access, and which was "used as a common passageway to all persons going about the depot," where indeed, all persons had a right and were expected to go in leaving or approaching railway trains, was not a warehouse within any...
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