Cooley v. State
Alabama Court of Appeals
Arson. Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Will Cooley was convicted of arson and he appeals. Motive must be proven as a fact and not as a mere hearsay through the declaration of others. — Faire v. The State, 58 Ala. 74; Stone v. The State, 105 Ala. 60; Sanders v. The State, 105 Ala. 5; s. o.
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Arson. Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Will Cooley was convicted of arson and he appeals. Motive must be proven as a fact and not as a mere hearsay through the declaration of others. — Faire v. The State, 58 Ala. 74; Stone v. The State, 105 Ala. 60; Sanders v. The State, 105 Ala. 5; s. o. Ill Ala. 26. Even if the fact of the activity of Owen against defendant in his former case was admissible, this did not authorize a narrative of the particulars as to what was said and done between him and defendant while discussing these ■circumstances. — Martin v. The…
1Opinion of the CourtPelham, J.
The defendant was convicted of the offense of arson for burning a house occupied by one James Owen, who was a tenant of one Jeff Bullington, the OAvner of the house. It Avas the theory of the state’s case that the defendant burned the dwelling through a spirit of revenge entertained against Owen & Bulling-ton, due to their participation in and the activity dis*166played by them in bringing about the accusation, trial, and conviction of the defendant for stealing a cow about two years before the burning. This spirit of revenge sought to he shown as entertained by the defendant was relied upon as…
2Cases cited10 opinions
- Marler v. StateSupreme Court of Alabama · 1880
- Pate v. StateSupreme Court of Alabama · 1891
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Fincher v. StateSupreme Court of Alabama · 1877
- Rains v. StateSupreme Court of Alabama · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bryant v. StateCourt of Criminal Appeals of Alabama · 1972
- McCoy v. StateSupreme Court of Alabama · 1936
- Stallings v. StateSupreme Court of Alabama · 1947
- Parsons v. StateAlabama Court of Appeals · 1946
- Southern Home Ins. Co. of the Carolinas v. BoatwrightSupreme Court of Alabama · 1935
4 more not listed; retrieve them via the Exa API.