Morris v. State
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Tried before Hon. A. A. Evans. The defendant was convicted of arson in the first degree for burning an inhabited dwelling which was the property of T. O. Smith. The evidence was circumstantial, and the circumstances proven are set out' in the opinion. About three weeks before the burning the defendant declared that “lie was done with Mr. Smith and was not going to have any more to do with him, or let anybody else if he could help it.”
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Appeal from Bullock Circuit Court. Tried before Hon. A. A. Evans. The defendant was convicted of arson in the first degree for burning an inhabited dwelling which was the property of T. O. Smith. The evidence was circumstantial, and the circumstances proven are set out' in the opinion. About three weeks before the burning the defendant declared that “lie was done with Mr. Smith and was not going to have any more to do with him, or let anybody else if he could help it.” This evidence was admitted as tending to show motive. In connection with this evidence it was proven that the defendant had…
1Opinion of the CourtHabalson, J.
— 1. There was no error in allowing it to be shown, that about 100 feet from the house that *46"was burned, a half pint flask was picked up that had kerosene oil in it, and that it hacl been about half full of something like bluing. The italicized portion of this evidence was alone objected to. There was no error in admitting it. It was, standing alone, simply á fuller description of the flask found, which contained kerosene, which evidence, it was not and could not be denied was relevant. But, the part objected to, became important as a criminating circumstance, since the State proved,…
2Cases cited15 opinions
- Bryant v. StateSupreme Court of Alabama · 1897
- Rogers v. StateSupreme Court of Alabama · 1897
- Young v. StateSupreme Court of Alabama · 1881
- Hodge v. StateSupreme Court of Alabama · 1892
- Salm v. StateSupreme Court of Alabama · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Banks v. StateSupreme Court of Alabama · 1921
- Ex parte DavisSupreme Court of Alabama · 1913
- State v. FullerMontana Supreme Court · 1906
- Hicks v. StateSupreme Court of Alabama · 1946
- State v. GriffinSupreme Court of South Carolina · 1924
17 more not listed; retrieve them via the Exa API.