Lockett v. State
Supreme Court of Alabama
From tbe Circuit Court of Talladega. Tried before tbe Hon. Louis Wyeth. Tbe indictment in this case contained two counts ; tbe first charging that John Lockett and Joseph Gantt, alias Joe Gantt, “ did willfully set fire to, or burn, tbe jail of Talladega county, which said jail was erected for public use and tbe second, that they “ did willfully set fire to, or burn, the jail of Talladega county, of State aforesaid, which said jail or building was erected for public use.”
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From tbe Circuit Court of Talladega. Tried before tbe Hon. Louis Wyeth. Tbe indictment in this case contained two counts ; tbe first charging that John Lockett and Joseph Gantt, alias Joe Gantt, “ did willfully set fire to, or burn, tbe jail of Talladega county, which said jail was erected for public use and tbe second, that they “ did willfully set fire to, or burn, the jail of Talladega county, of State aforesaid, which said jail or building was erected for public use.” No objection was raised to the indictment, so far as the record shows. John Lockett, being on trial alone, pleaded not…
1Opinion of the CourtManning, J.
We think there was no error in holding that the indictment was not obnoxious to the objection, that the ownership of the building to which fire was set was not sufficiently averred. In the form prescribed by the statute (Code of 1876, p. 995, No. 35), the charge is, that “A. B. willfully set fire to, or burned, in the night time, a dwelling-house of O. D., in which,” &c. This is the manner in which the ownership is alleged. In the indictment before us, the accusation is, that defendant “ did willfully set fire to, or burn, the jail of Talladega county,” &c. ' This, if there were no more,…
2Cases cited1 opinion
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