Legal Opinion

Jackson v. State

Supreme Court of Alabama

Decided April 19, 1906PublishedCited by 3 opinions

Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. The indictment in this case was in the following language : The grand jury of said county charged that before the finding of this indictment that Beverly Jackson, alias Beverly Green, wilfully set fire to or burned a corn crib, the property of Emmet Lamar, against the peace and dignity of the State of Alabama.

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Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. The indictment in this case was in the following language : The grand jury of said county charged that before the finding of this indictment that Beverly Jackson, alias Beverly Green, wilfully set fire to or burned a corn crib, the property of Emmet Lamar, against the peace and dignity of the State of Alabama. The proof showed that tlie building destroyed by fire ivas a large two-story frame building with a shingled roof Avith sheds running around the side and the rear of the barn, all under one roof. In it Avas stored all the…

1Opinion of the CourtDenson, J.

Section 4337 of the Code of 1896 provides that “any.person, who willfully sets fire to, or burns * * *• any car, car-shed, cotton-house, or cotton-pen eontainig- cotton, or corn-crib or corn-pen cpntainig corn, or any barn, stable, shop, or office, within the curtilage of any dwelling-house, * * * is guilty of arson in the second degree,” etc. It seems from the language of the statute that a distinction is clearly marxed between the terms “corncrib” and “barn”; that the two1 were regarded by the Legislature! as separate and distinct structures. While it was arson at the common law to burn a…

2Cases cited6 opinions

  1. Simpson v. StateSupreme Court of Alabama · 1895
  2. Brown v. StateSupreme Court of Alabama · 1875
  3. State v. . CherrySupreme Court of North Carolina · 1869
  4. State v. JeterSupreme Court of South Carolina · 1896
  5. State v. MillicanSupreme Court of Louisiana · 1860

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Savage v. StateAlabama Court of Appeals · 1913
  2. Worrell v. StateCourt of Criminal Appeals of Alabama · 1974
  3. Ex parte StateSupreme Court of Alabama · 1913

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