Peinhardt v. State
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Alvin Peinhardt was convicted of arson, and appeals. The indictment was as follows, omitting the formal parts: “Alvin Peinhardt willfully set fire to or burned a storehouse of Max Schmidt, which said storehouse adjoined the dwelling house of A1 Richter, and at the time of the said setting fire to or burning said storehouse there was a human being in the dwelling house of A1 Richter, which was adjoining said…
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Alvin Peinhardt was convicted of arson, and appeals. The indictment was as follows, omitting the formal parts: “Alvin Peinhardt willfully set fire to or burned a storehouse of Max Schmidt, which said storehouse adjoined the dwelling house of A1 Richter, and at the time of the said setting fire to or burning said storehouse there was a human being in the dwelling house of A1 Richter, which was adjoining said storehouse. (2) Alvin Peinhardt willfully set fire to or burned a storehouse of Max Schmidt, which was adjoining the…
1Opinion of the CourtSayre, J.
Arson at the common law, as well as under the statute of this state defining arson in the first degree as it existed prior to- the enactment of section 6301 of the Code of 1907, was an offense against the possession rather than the property. — State v. Young, 139 Ala. 136, 36 South. 19, 101 Am. St. Rep. 21. As Mr. Bishop states it, arson is an offense against the security of the habitation and is defined as the malicious burning of another’s house, so that by “another’s house,” in the definition, is meant another’s to occupy. Bishop’s Cr. Law, § 12.
The indictment followed with substantial…
2Cases cited1 opinion
- State v. YoungSupreme Court of Alabama · 1903
3Cited by7 opinions
- Stafford v. StateAlabama Court of Appeals · 1947
- Davis v. StateSupreme Court of Alabama · 1999
- Williams v. StateSupreme Court of Alabama · 1912
- Johnson v. StateAlabama Court of Appeals · 1911
- Abernethy v. StateCourt of Criminal Appeals of Alabama · 1988
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