Davis v. State
Supreme Court of Alabama
Appeal from Circuit Court of Wilcox. Tried before Hon. John K. Henry. Tbe opinion states the case. The ownership was improperly laid. Cowan’s case, in 2 East Pleas Crown, 1023; Bishop Crim. Law, § 39. The verdict of the jury did not respond to the issue, and the motion in arrest of judgment should, therefore, have been granted. cited 2 Russ, on Crimes, 564; 1 Bish. Crim. Proc. § 721.
1Opinion of the CourtBrickell, C. J.
Arson at common law was the malicious and wilful burning of the house or outhouse of another. It was peculiarly an offence against property, and its possession. Therefore the burning one’s own house, of which he had possession, was not arson; though if the house was in a town, or so near to the houses of others as to endanger them, it was a high misdemeanor. 2 Russ. Crimes, 548. The statutes not only enlarge the subjects of arson, but it is a felony, or a misdemeanor, visited with punishment differing in severity, according to the circumstances attending the act, and the character of the…
2Cases cited2 opinions
- Martha v. StateSupreme Court of Alabama · 1855
- People v. Van BlarcumNew York Supreme Court · 1806
3Cited by10 opinions
- Weaver v. StateAlabama Court of Appeals · 1911
- Sampson v. StateSupreme Court of Alabama · 1894
- Watkins v. StateSupreme Court of Alabama · 1901
- Anderson v. StateSupreme Court of Alabama · 1880
- State v. McDonaldSouth Dakota Supreme Court · 1902
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