IVEY v. STATE

1 Citing case

  1. Nicholson v. State

    366 So. 2d 1142 (Ala. Crim. App. 1979)   Cited 2 times

    Burglary is an offense against possession or occupancy of a building, and the test for determining ownership of premises for purpose of indictment is not title to the property broken and entered, but is occupancy or possession at the time the offense was committed, unless the occupant is a mere servant. Key v. Dozier, 252 Ala. 631, 42 So.2d 254; Hamilton v. State, 283 Ala. 540, 219 So.2d 369, cert. denied, 396 U.S. 868, 90 S.Ct. 134, 24 L.Ed.2d 121; Ivey v. State, 45 Ala. App. 101, 226 So.2d 95; Quinn v. State, 39 Ala. App. 107, 95 So.2d 273; Fuller v. State, 28 Ala. App. 28, 177 So. 353. We have searched the entire record for errors prejudicial to the appellant and have found none.