Thomas v. State

Citation12 So. 409,97 Ala. 3
PartiesTHOMAS v. STATE.
Decision Date06 February 1893
CourtSupreme Court of Alabama

Appeal from circuit court, Barbour county; J. M. Carmichael, Judge.

Ernest Thomas was convicted of burglary, and appeals. Reversed.

The indictment was in the following language: "The grand jury of said county charge that, before the finding of this indictment, that Ernest Thomas broke into and entered a sample room, in the Arlington Hotel, a building in the city of Eufaula, the property of Mrs. William N. Reeves and Mrs Jere H. Reeves, with the intent to steal, and did feloniously take and carry away therefrom one coat, of the value of twelve dollars, the personal property of Thaddeus C Doughtie, of less value than twenty-five dollars, against the peace and dignity of the state of Alabama." The defendant demurred to the indictment of the following grounds: "(1) That said indictment does not allege that the building broken into and entered was a dwelling house, or a building within the curtilage of a dwelling house. (2) That said indictment fails to allege that the building alleged to have been broken into and entered, was a building in which goods, merchandise, or valuable things were kept for use sale, or deposit. (3) Said indictment is indefinite, in that it alleges the ownership of the building alleged to have been broken into and burglarized in Mrs. William N. Reeves and Mrs. Jere H. Reeves, when it should simply aver the Christian names of the owners, without any title or formality." The court overruled these demurrers, and the defendant excepted.

S. H Dent, Jr., for appellant.

Wm. L. Martin, Atty. Gen., for the State.

McCLELLAN J.

This is a prosecution for burglary. The indictment charges that Ernest Thomas "broke into and entered a sample room in the Arlington Hotel, a building in the city of Eufaula," etc. This is the only description of the house, room, or inclosure broken into. The Arlington Hotel is not alleged to be a dwelling house, nor are any facts averred showing it to have been a dwelling house, within the first member of the statute defining burglary, nor are any facts averred showing that the sample room of said hotel was a dwelling house, or within the curtilage of a dwelling house, in the contemplation of the first clause of the statute, and, on the other hand, there is equal absence of averment to the effect that said sample room was "a shop, store, warehouse, or other building,...

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10 cases
  • State v. Jones
    • United States
    • Missouri Supreme Court
    • 11 Febrero 1963
    ...building, when in fact used as the place of abode or living quarters of an individual, may constitute a dwelling house. Thomas v. State, 97 Ala. 3, 12 So. 409; People v. Carr, 255 Ill. 203, 99 N.E. 357, 41 L.R.A., N.S., 1209, Ann.Cas.1913D, 864; State v. Johnson, 4 Wash. 593, 30 P. 672; Peo......
  • Adams v. State
    • United States
    • Alabama Court of Appeals
    • 8 Junio 1915
    ...count were properly overruled. Lacy v. State, 68 So. 706; Kelly v. State, 72 Ala. 244; Henderson v. State, 70 Ala. 23, 45 Am.Rep. 72; Thomas v. State, supra; Smith v. State, The rule which requires the negation of the defendant's right to break and enter necessitates that the ownership of t......
  • Carl v. State
    • United States
    • Alabama Supreme Court
    • 12 Abril 1900
    ... ... The state then offered in evidence a patent ... duly executed on April 14, 1894, wherein the state of Alabama ... conveyed unto Charles M. Bancroft some of the lands from ... which the timber was alleged to have been taken. The state ... also offered in evidence a deed from Thomas Templeton and his ... wife to Catherine Bancroft, executrix, dated August 26, 1898, ... in which part of said lands was conveyed ... The ... state did not prove that either of the grantors in the ... respective deeds mentioned was in possession of the lands at ... the time of the ... ...
  • Norman v. State
    • United States
    • Alabama Court of Appeals
    • 8 Junio 1915
    ... ... R. Norman was convicted of burglary, and he appeals ... Affirmed ... [69 So. 363] ... [13 ... Ala.App. 339] J.H. McNeal, of Cleveland, Ohio, for appellant ... William ... L. Martin, Atty. Gen., and W.P. Mudd, Asst. Atty. Gen., for ... the State ... THOMAS, ... The ... indictment contained three counts in burglary, but the last ... was eliminated by a nol. pros. taken by the solicitor with ... the consent of the court before the jury retired, which ... renders a consideration of the demurrers to it unnecessary, ... since any error the ... ...
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