39 Ala. 679 | Ala. | 1866
The statute upon which the indictment is framed declares, that “ any person who commits larceny in any dwelling-house ” shall be imprisoned in the penitentiary, not less than three nor more than six years. To constitute this offense, larceny must be committed in a dwelling-house. The larceny in this case was committed by taking clothes from the railing on the outer edge of what appears to have been an open piazza, in front of
The judgment of the court below is reversed, and the cause remanded; but the prisoner must remain in custody, until discharged by due course of law.