Supreme Court of Alabama January 15, 1874 (Pines v. State)

B. F. S AFFOLD, J.

The indictment is fatally defective, in not charging the entering. Eev. Code, p. 811, Form No. 35.

2. The charge of the court is erroneous. Eussell says: “If a man enter into a house through a door or window which he finds open, or through a hole which was made there before, and steals goods, or draws goods out of a house through such door, window, or hole, he will not be