Brown v. State
Supreme Court of Alabama
From the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The indictment in this case contained but a single count, which charged that the defendant “unlawfully attempted, willfully and maliciously, to burn the house of Fred Sloss or Macklin Sloss.”
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From the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The indictment in this case contained but a single count, which charged that the defendant “unlawfully attempted, willfully and maliciously, to burn the house of Fred Sloss or Macklin Sloss.” After conviction, the defendant moved in arrest of judgment, on the ground that the'indictment was fatally defective, and because it contained no sufficient averment of the ownership of the house; but the court overruled the motion. On the trial, as the bill of exceptions shows, issue being joined on the plea of not guilty, the State…
1Opinion of the CourtStone, C. J.
The indictment charges that the defendant attempted, willfully and maliciously, to burn a house. — Code of 1876, § 4348. To burn such house willfully is a misdemeanor, and an attempt willfully to burn it is also a misdemeanor. The indictment charges the ownership of the house to be either in Fred Sloss or Macklin Sloss. Such form of averment is permissible under our statute — Code, § 4798 — and if either of the alternative averments be proved, this sustains the averment. The City Court did not err in holding the indictment good. Ward v. The State, 22 Ala. 16; Johnson v. The State, 35 Ala. 370.
2Cases cited4 opinions
- Stewart v. StateSupreme Court of Alabama · 1885
- Burke v. StateSupreme Court of Alabama · 1882
- Johnson v. StateSupreme Court of Alabama · 1860
- Ward v. StateSupreme Court of Alabama · 1853
3Cited by9 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- McGuff v. StateSupreme Court of Alabama · 1946
- Smith v. StateSupreme Court of Alabama · 1901
- Price v. StateSupreme Court of Alabama · 1897
- Hardie v. StateSupreme Court of Alabama · 1953
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