Olds v. State
| Decision Date | 06 February 1893 |
| Citation | 97 Ala. 81,12 So. 409 |
| Parties | OLDS v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Wilcox county; John Moore, Judge.
George Olds was convicted of burglary, and appeals. Affirmed.
Upon the trial of the cause, as is shown by the bill of exceptions, the evidence for the state tended to show that the said Wills owned a storehouse in Wilcox county, in which he kept goods and merchandise for sale that there was a chimney in said storehouse; that, some time before the finding of the indictment, the said Wills was awakened from his sleep at night by hearing cries for assistance; that, upon going out, he discovered the defendant in the chimney; that the flue of the chimney was so small that no one could get through it; that he called "Help!" and succeeded in drawing defendant out of the chimney from the top. The defendant admitted that he entered the chimney for the purpose of getting into the store and taking a suit of clothing. Defendant introduced no testimony, and, upon the introduction of the former testimony, the court instructed the jury as follows, to the giving of which charge the defendant duly excepted: "If the jury are satisfied from the evidence beyond all reasonable doubt that in this county, and in January, 1892, T. J. Wills owned a storehouse in this county, and that goods and merchandise were there kept therein for sale, and the defendant entered the chimney of said storehouse at the top, intending to go down said chimney into the storehouse to steal, then he was guilty as charged, although he did not in fact get through the chimney into the storehouse where the goods were."
Wm. L. Martin, Atty. Gen., for the State.
In Donohoo v. State, 36 Ala. 281, we held that getting into and descending the chimney of a house, with intent to steal, is a sufficient breaking and entering to constitute burglary, although the party does not enter the room of the house below, and such was the ruling of this court in Walker v. State, 52 Ala. 376, though in the latter case the party entered into the house by going down the chimney. Such a breaking is an actual one, as much so as the forcible breaking by any other means. 3 Greenl. Ev. § 76. On the foregoing authorities, this case must be affirmed.
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Creel v. State
...This was sufficient to constitute the element of 'entering'. Walker v. State, 63 Ala. 49; Donohoo v. State, 36 Ala. 281; Olds v. State, 97 Ala. 81, 12 So. 409. The controlling law on cases of this kind has been many times expressed by this court and the Supreme Court of Alabama. We take the......
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State v. Pigques
...to steal there is sufficient breaking and entering to constitute burglary, although there was no entry of a room below. Olds v. State, 97 Ala. 81, 12 So. 409. We think the chimney cases are in line with the rule with respect to the essentiality of an 'entry' of a building, that is, an entry......
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Miller v. State
...contain. Therefore, I respectfully dissent. 1 See State v. McCall, 4 Ala. 643 (1843); Walker v. State, 63 Ala. 49 (1879); Olds v. State, 97 Ala. 81, 12 So. 409 (1893); People v. Songer, 28 Ill.2d 433, 192 N.E.2d 861 (1963); State v. Whitaker, Mo. 1955, 275 S.W.2d 316; State v. O'Leary, 31 N......
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Pressley v. State
...Citations are scarcely required in support of this proposition. Donohoo v. State, 36 Ala. 281; Walker v. State, 52 Ala. 376; Olds v. State, 97 Ala. 81, 12 So. 409. ...