Brown v. State
Supreme Court of Alabama
Appeal from Circuit Court of Bullock. Tried before Hon. H. D. Clayton. The indictment in tbis case contained two counts. The first charged that “ Joe Brown and Bama Hicks wilfully set fire to and burned a building, to wit a corn crib of Henry Grady,” against the peace, &c. The second count charged that the defendants “ wilfully set fire to and burned a building, to wit a barn of Henry Grady, against the peace,” &c.
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Appeal from Circuit Court of Bullock. Tried before Hon. H. D. Clayton. The indictment in tbis case contained two counts. The first charged that “ Joe Brown and Bama Hicks wilfully set fire to and burned a building, to wit a corn crib of Henry Grady,” against the peace, &c. The second count charged that the defendants “ wilfully set fire to and burned a building, to wit a barn of Henry Grady, against the peace,” &c. It was demurred to : 1st. Because “ it charged no offence known to the criminal law.” 2d. Because, “ as an indictment for arson in the third degree it was defective, and failed to…
1Opinion of the CourtBrickell, C. J.
Our statutes divide arson into three degrees, two of which are felonies and the third a misdemeanor. The character of the structures burned, or the circumstances of setting fire to or burning them, which constitutes arson in the first or second degree, are clearly and specifically defined by §§ 3697, 3698, of the Rev. Code, which affix a different punishment to each of those degrees. Section 3699 provides that “ any person who wilfully sets fire to or burns any building, house, .... under such circumstances as do not constitute arson in the first or second degree, is guilty of arson in the…
2Cases cited3 opinions
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
- People v. StoneciferCalifornia Supreme Court · 1856
- Van Blaricum v. PeopleIllinois Supreme Court · 1855
3Cited by15 opinions
- Kohl v. LehlbackSupreme Court of the United States · 1895
- Bufford v. StateCourt of Criminal Appeals of Alabama · 1980
- Walker v. StateSupreme Court of Alabama · 1890
- Simpson v. StateSupreme Court of Alabama · 1895
- James v. StateSupreme Court of Alabama · 1893
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