Bateman v. State

Appellant was indicted by the Houston County Grand Jury for arson in the first degree, in violation of § 13A-7-41, Code of Alabama (1975 Supp. 1977). At arraignment, appellant pleaded not guilty, and was subsequently tried before a jury. At the conclusion of all testimony, the trial judge excluded the offense of arson in the first degree from the jury's consideration, and charged the jury only as to attempted arson in the first degree. The jury found appellant guilty and the court sentenced him to twelve years' imprisonment. This appeal followed the trial court's denial of appellant's motion…