The Birmingham age-herald., 1923-11-29
IS TENT DWELLING HOUSE? NO, SAYS APPEALS COURT
Unique Angle Is Involved In Case Taken To Tribunal
 From Mobile County
STATE CAPITAL BUREAU
 TIE .AGE-HER.ALn x,%orox,,o Alb NOv 21

Is a tent a dwelling house. and if so, when? This was point in Volved in a case appealed fromMobile county, and on which decision was rendered by the court of appeals to- day The court did not undertake to define just when tent may right fully claim to be a dwelling house. but it held in the case before 1t that a tent temporarily set up to accom- modate employees at a lumber camp is not dwelling house.
 The case in question was that in which Frank Knowles was convicted in Mobile circuit court of Wantonly and maliciously firing a pistol in the dwelling house" of Ammons Weaver The evidence showed Weaver was asleep in a tent at lumber camp when the shot was alleged to have been fred that he had come to the camp the day of the shooting, and had been in the tent only few hours Knowles appealed from the sentence of conviction, and his coun- sel made the point that the tent in which Weaver was sleeping was not a dwelling house" within the mean irg of the statutes. The court of appeals upheld the contention. and today reversed the case and remand ed it for new trial.
 O O O
 When Is A Tent A Dwelling Houses
 Tn it's decision the court of appeals states: Tt is not necessary here to define the exact time when tent, by it's construction and uses. might become a dwelling house. It can readily be perceived that there are tents which cannot be called houses, and the tent alleged to have been shot into was not a house..
 ACaiD tho ODiniOn stated. "G1VlnE to the words tent and dwelling house the meaning commonly ac- cepted, and construing the statute strictly, as we are requested to con strue all penal statutes, we hold that the tent which the evidence in the instant case shows was shot into, was not a house within the meaning of the statute"
 Decisions Handed Down.
 The following list of decisions was handed down by the court of appeals Tuesday,
 On rehearing:
 Orville Samples vs. State. DeKalb circuit court; opinion modified ana extended. Application overruled. John Mason vs. State, Etowah circuit court; application overruled.
 Bricken, H. J.
 Scott Phillips vs. State, Mobile cir cult court; affirmed. Albert Ken drick vs. State, Mobile circuit court; affirmed. Sarah Wilson vs. State, Mobile circuit court; appeal ais missed. Crayton Adams vs. state, Coosa circuit court; appeal dismissed on motion of appellant. D. H. Knight vs. State, Chambers circuit court appeal dismissed.
 Sanford, J.
 John Moore vs. State, Washington circuit court; affirmed. Macy Phil lips vs. State, Mobile circuit court affirmed. Guy Williams vs. state Washington circuit court; affirmed. Marshall Wesson vs. State, Chiffon circuit court; appeal dismissed. Eli Hester vs. State, Chambers circuit court; appeal dismissed.
 Foster, J.
 Warrice Mcbride, alias, Vs. State, Washington circuit court; reVerseu and remanded. Allen Livingston vs. State. Mobile circuit court; affirmed Frank Knowles vs. State, Mobile cir cult court; reversed and remanded. ElvIra Bemis vs. State, Mobile circuit court; motion for certiorari denled' Appeal dismissed (opinion) J. H. strength, administrator, etc, vs. J. A. Thornton. Elmore circuit court; ar firmed. l.. T. Charles vs. state, El- more circuit court; appeal dismissed Jessie Herring vs. State, Russell CIT cult court; appeal dismissed on mo tion of appellant.