Sunday, November 17, 2013

Walker v. State case brief

Walker v. State case brief summary
63 Ala. 49 (1879)

Defendant appealed from a judgment of the City Court of Selma (Alabama), which convicted defendant of burglary, a violation of Ala. Code § 4343 (1876). Defendant asserted that the element of entering had not been proven.

Defendant admitted taking corn from a corncrib by taking a large auger, and, going under the crib, boring a hole through the floor, from which the corn ran into a sack he held under it. Defendant was convicted of burglary.


  • The court affirmed the judgment and held that when the auger was employed, not only to break, but to effect the only entry contemplated and necessary to the consummation of the criminal intent, when it was intruded within the house, breaking it, effecting an entry, and enabling defendant to consummate his intent, the offense was complete. 
  • The auger was employed, not only for the purpose of breaking the house, but to effect the larceny intended. 
  • When it was intruded into the crib, defendant acquired dominion over the corn intended to have been stolen. 
  • Such dominion did not require any other act on his part. 
  • When the auger was withdrawn from the aperture made with it, the corn ran into the sack he used in its asportation. 
  • There was a breaking and entry, enabling defendant to effect his criminal intent without the use of any other means, and that satisfied the requirements of the law.

The court affirmed the judgment of the trial court, which convicted defendant of burglary.

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