McAdory v. State
Supreme Court of Alabama
Appeal from, the Circuit Court of Coosa. Tried before the Hon. John Henderson. An indictment was found against the defendant, at the •spring term, 1877, of the Circuit Court of Coosa county, for the crime of arson. To this indictment the defendant pleaded not guilty. About midnight, of a day in December, 1876, the gin-house of one P. J. McAdory, who lived in Coosa county, was burned. The next morning he accused the defendant of burning the house.
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Appeal from, the Circuit Court of Coosa. Tried before the Hon. John Henderson. An indictment was found against the defendant, at the •spring term, 1877, of the Circuit Court of Coosa county, for the crime of arson. To this indictment the defendant pleaded not guilty. About midnight, of a day in December, 1876, the gin-house of one P. J. McAdory, who lived in Coosa county, was burned. The next morning he accused the defendant of burning the house. The defendant denied that he had done so. To a question asked at the time, why he had not aided in putting out the fire, the defendant replied, “…
1Opinion of the Court
STONE, J. —
Evidence that the prisoner looked “ down - cast,” was but the opinion of the witness, and should not have been admitted. — Johnson v. The State, 17 Ala. 618, 625; Gassenheimer v. The State, 52 Ala. 313.
*94That part of the general charge which stated “ if defendant was within four hundred yards of where the gin-house was burned, and was advised of the burning, and did not go and aid others in saving property that might be saved from the fire, the jury might look to that fact as a circumstance, with the other evidence, tending to show his guilt,” is objectionable, in not referring to…
2Cases cited4 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1850
- Martin v. HillSupreme Court of Alabama · 1868
- Nunn v. MillsSupreme Court of Alabama · 1856
3Cited by12 opinions
- Prince v. StateSupreme Court of Alabama · 1893
- Lewis v. StateSupreme Court of Alabama · 1892
- Thornton v. StateSupreme Court of Alabama · 1896
- White v. StateSupreme Court of Alabama · 1882
- Masterson v. GrubbsSupreme Court of Alabama · 1881
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