Overstreet v. State
Supreme Court of Alabama
Appeal from Circuit Court of Wilcox. Tried before Hon. P. O. Harper. The appellants, Tom Petway, Hilliard Petway and Emanuel Overstreet, were jointly indicted for wilfully setting fire to and burning a gin-house, the .property of J. H. Petway, of the value of more than- five hundred dollars, &e.
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Appeal from Circuit Court of Wilcox. Tried before Hon. P. O. Harper. The appellants, Tom Petway, Hilliard Petway and Emanuel Overstreet, were jointly indicted for wilfully setting fire to and burning a gin-house, the .property of J. H. Petway, of the value of more than- five hundred dollars, &e. The defendants were tried at a special term of court held on the first Monday in February, 1871, went to trial on plea of not guilty, were convicted, and sentenced to the penitentiary. The caption of the minutes of the special term is as follows : “ Now on Monday, the 6th day of February, 1871, it…
1Opinion of the CourtB. F. Saffold, J.
This cause, being an indictment for felony, having been tried at a special term of the court held not on the application of the accused, nor in consequence of the failure to hold a regular term, must be reversed. — Rev. Code, § 752; Gully v. The State, in MS.
The testimony of Burgess respecting the unfriendly feeling of one of the defendants towards himself, it being his cotton that was burned, and the threat of another defendant towards the owner of the gin-house burned, was properly admitted in evidence. When it is shown that a crime has been committed, and the circumstances point to the…
2Cases cited1 opinion
- Baalam v. StateSupreme Court of Alabama · 1850
3Cited by16 opinions
- State v. LawlorSupreme Court of Minnesota · 1881
- Jones v. StateAlabama Court of Appeals · 1915
- Craven v. StateAlabama Court of Appeals · 1927
- Joyner v. StateDistrict Court of Appeal of Florida · 1974
- Stokes v. StateSupreme Court of Arkansas · 1902
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