Cheatham v. State
Supreme Court of Alabama
APPEAL from the Circuit Court of Butler. Tried before the Hon John K. Henry. The defendant was indicted on the 29th day of November, 1876. The indictment is in these words : “ The State of Alabama, Butler County.
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APPEAL from the Circuit Court of Butler. Tried before the Hon John K. Henry. The defendant was indicted on the 29th day of November, 1876. The indictment is in these words : “ The State of Alabama, Butler County. The grand jury of the said county charge that, before the finding of this indictment, Melissa Cheatham wilfully set fire to or burned .a cotton-house of Robert Haygood, within the curtilage of the dwelling-house of the said Robert Haygood, by the burning whereof the said dwelling-house was also burned. “And the grand-jury of the said county further charge that, before the finding of…
1Opinion of the CourtManning, J.
— The demurrer in this cause seems to have been ore tenus. None in writing is set out in the record. The judgment-entry recites: “The defendant interposes a demurrer to the indictment in this cause; which démurrer, being argued by counsel and understood .by the court,” was overruled. We must infer that the objection thus made was to the whole indictment, which consists of three several counts, the last of which is in the language of the form for arson in the second degree prescribed by the Code, and must therefore be held to be sufficient.
In regard to the objection to two of the State’s…
2Cases cited1 opinion
- Brown v. StateSupreme Court of Alabama · 1875
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