Johnson v. State
Alabama Court of Appeals
Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Bob Johnson was convicted of Arson and he appeals. The defendants were entitled to the affirmative charge on account of a variance between the allegation and proof as to ownership. — Adams v. The State, 62 Ala. 177; 85 Ala. 114; Thomas v. The State, 97 Ala. 3; Fornler v. The State, 100 Ala. 96; Hill v. The State, 104 Ala. 64. Counsel discuss other assignments of error, not necessary to bo here set out.
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Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Bob Johnson was convicted of Arson and he appeals. The defendants were entitled to the affirmative charge on account of a variance between the allegation and proof as to ownership. — Adams v. The State, 62 Ala. 177; 85 Ala. 114; Thomas v. The State, 97 Ala. 3; Fornler v. The State, 100 Ala. 96; Hill v. The State, 104 Ala. 64. Counsel discuss other assignments of error, not necessary to bo here set out. Under the indictment in this case ownership was properly laid in the holder of the legal title. — ■ Q-ranison v. The State, 117…
1Opinion of the CourtWalker, P. J.
The indictment in this case charged that the defendant “willfully set fire to or burned a barn of Josh Crim, whose name is to the grand jury otherwise unknown, in which there was at the time no human being.” The charge is of arson in the second degree, as defined by section 6296 of the Code. The evidence on the trial showed that the barn was on land the title to which was in said C!rim, but that he did not live on that tract of land, and that at the time of the burning he was living on a different tract of land, about a mile and a half distant from the barn; that at the time of the burning…
2Cases cited4 opinions
- May v. StateSupreme Court of Alabama · 1887
- Adams v. StateSupreme Court of Alabama · 1878
- Davis v. StateSupreme Court of Alabama · 1875
- Peinhardt v. StateSupreme Court of Alabama · 1909
3Cited by8 opinions
- Robinson v. StateAlabama Court of Appeals · 1913
- Lee v. StateAlabama Court of Appeals · 1937
- Lockhart v. StateAlabama Court of Appeals · 1912
- Gilbreath v. StateAlabama Court of Appeals · 1917
- Bell v. StateAlabama Court of Appeals · 1914
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