Martin v. State
Supreme Court of Alabama
Feom the City Court'of Mobile. Tried before the Hon-. Alex. McKinstry. INDICTMENT eor arson against Francis Martin and Michael Flinn, containing four counts.
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Feom the City Court'of Mobile. Tried before the Hon-. Alex. McKinstry. INDICTMENT eor arson against Francis Martin and Michael Flinn, containing four counts. The first count charged, that the defendants “ willfully set fire to, or burned, in the night, a dwelling-house, or house adjoining thereto, in which dwelling-house there was at the time a human being”; the second, that they “ willfully burned certain property, to-wit, the bar, and shelves, and closets, and bar fixtures in a building-called ‘The Constitution/ together with the wines, brandies, liquors, and stores in said building, which…
1Opinion of the CourtStone, J.
The second count of the indictment in this case is substantially defective, in not charging the ownership of the property alleged to have been burned. — Martha v. The State, 26 Ala. 72. On that count alone the defendants were found guilty, and the motion in arrest’ of judgment should have prevailed. — Case of Beckwith, 1 Stew. 318; 1 Arch. Crim. Pleadings, by Waterman, 115; ib. p. 178, 31.
In Johnson v. The State, Justice Parsons uses the following . language, “ Any indications (of guilt) arising from the conduct, demeanor, or expressions of the party, are legal evidence against him. The law…
2Cases cited6 opinions
- Martha v. StateSupreme Court of Alabama · 1855
- State v. BurnsSupreme Court of Alabama · 1845
- State v. KittleSupreme Court of Vermont · 1803
- Stewart v. StateSupreme Court of Alabama · 1855
- State v. ColemanSupreme Court of Alabama · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Gray v. StateSupreme Court of Alabama · 1879
- Mason & Franklin v. StateSupreme Court of Alabama · 1868
- Ex parte BradleyIndiana Supreme Court · 1874
- Keesier v. StateIndiana Supreme Court · 1900
16 more not listed; retrieve them via the Exa API.