48 Ala. 665 | Ala. | 1872
This is a prosecution for burglary. The indictment is in the following words: “The grand jury of said county charge, that before the finding of this indictment, Bully Bibb, alias Patrick Bibb, alias Patrick Anderson,
The proof tended to show that the accused had broken and entered the house mentioned in the indictment with intent to steal as charged therein. And also that one Mrs. Lewis had owned said house in her life time; that she had died before the time of the finding the indictment; that she had made her will devising the lands, on which said house was situated, to Eannie Lampkin and ■- Lampkin, and that before the house was entered as charged said will was duly proven and admitted to record as required by law. It was also shown that the estate of Mrs. Lewis was .unsettled and undivided, and that the gin-house property was in the possession of the executor of her will, at the time the indictment was found. On this testimony, the court was asked by the accused, to charge the jury, “ That if they find that Mrs. Lewis, mentioned in the indictment, died in 1870; that she made a will devising the plantation and gin-house to Eannie Lampkin and-■ Lampkin, and that the said will was probated before said' gin-house was entered as charged in the indictment, then they cannot find the defendant guilty as charged.” This
Tbe judgment of tbe court below is affirmed, and tbe same will be executed according to law,
[Note by Bepobteb. — The opinion in this case was delivered at the January term, 1873. The case has been here reported by direction of the Chief Justice, who deemed it proper to have the decision published in advance of other cases decided at the same term, on account of its impojjtaqce in the administration of the criminal laws,]