Granison v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried-before the Hon. John Moo:re. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, Mose Rodgers, alias Moses Rodgers, Page Granison and Tom Grimes, alias Thomas Grimes, did willfully set fire to or burn the store of Henry Gray, which, with the property therein contained at the time,' was of the value of' five hundred dollars,”…
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Appeal from the Circuit Court of Wilcox. Tried-before the Hon. John Moo:re. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, Mose Rodgers, alias Moses Rodgers, Page Granison and Tom Grimes, alias Thomas Grimes, did willfully set fire to or burn the store of Henry Gray, which, with the property therein contained at the time,' was of the value of' five hundred dollars,” Tliere was a severance as to the appellant, and he demurred to the indictment upon the ground that-it fails to allege the…
1Opinion of the CourtHead, J.
The indictment charges arson — the burning of a store, not the burning of the property therein *25contained.' The degree of the arson is determinable', it is ti-ue, by the value of the store and the property therein contained, but the offense is the burning of the store. If both be of the value of $500 or more, it is arson in the second degree, if the store be burned under circumstances constituting arson, although not an article of the property contained therein be burned. So, the injury constituting the offense is to the store, and its ownership only need be alleged.
There was sufficient…
2Cited by9 opinions
- Payne v. StateSupreme Court of Alabama · 1954
- Martin v. StateSupreme Court of Alabama · 1899
- George v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Cunningham v. StateAlabama Court of Appeals · 1915
- Daniels v. StateAlabama Court of Appeals · 1915
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