Simpson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the'Hon. James A. Bilbko. The appellant was indicted, tried and convicted of arson in the third degree.' The prosecution was commenced by an affidavit made before the judge of the county court of DeKalb county, in which the defendant is charged ‘ ‘with willfully setting fire to or burning a barn of M. M. Beavers in DeKalb county, Alabama.”
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Appeal from the Circuit Court of DeKalb. Tried before the'Hon. James A. Bilbko. The appellant was indicted, tried and convicted of arson in the third degree.' The prosecution was commenced by an affidavit made before the judge of the county court of DeKalb county, in which the defendant is charged ‘ ‘with willfully setting fire to or burning a barn of M. M. Beavers in DeKalb county, Alabama.” On the trial of the cause in the county court, the court allowed the solicitor to amend the affidavit by adding thereto the following: “Affiant further swears that in said county within twelve months…
1Opinion of the CourtMcCLELLAN, J.
It is true the information or complaint upon which the appellant was tried and convicted in the circuit court does not conclude with the words “against the peace and dignity of the State;” but the omission of these words does not render the complaint insufficient, in such manner as not to supports verdict and conviction thereunder. — Thomas v. State, 107 Ala. 61.
There is no merit in the position taken by defendant in denial of the solicitor’s right to embrace in the complaint a second count laying the property burned in Collins. The county court had the power to allow an amendment of the…
2Cases cited2 opinions
- Thomas v. StateSupreme Court of Alabama · 1894
- Brown v. StateSupreme Court of Alabama · 1875
3Cited by40 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Terrell v. StateCourt of Special Appeals of Maryland · 1968
- State v. . HunterSupreme Court of North Carolina · 1907
- Spears v. StateMississippi Supreme Court · 1908
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
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