Supreme Court of Alabama, 1903

Smith v. State

Supreme Court of Alabama · Decided November 15, 1903 · Tyson

140 Ala. 146

Cases that cite this one

2 later published cases cite this decision.

Adams v. State (Ala. Ct. App. 1915)
Lucas v. State (Ala. 1905)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

TYSON, J.

The defendants were indicted and convicted for the offense of burglary. — § 4417 of the Code.

*148The building burglarized by them was a permanent and substantial structure and not a temporary one erected for a special purpose. It was, therefore, unnecessary that the indictment should allege or the evidence show that it was “especially constructed or made to keep” the harness and other things of value that were in it at the time it was entered.—Stone v. State, 63 Ala. 115.

Charges 2 and 3 requested by defendants were, therefore, properly refused.

Charge 1 was also properly refused as the evidence tended to prove every element of the crime charged.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.