McCostlin v. State

TYSON, Judge.

Cleve E. McCostlin and Sherry T. McCostlin were indicted for arson, in violation of § 13A-7-42, Code of Alabama 1975. They were found “guilty as charged in the indictment.” Cleve McCostlin was sentenced to life imprisonment under the Habitual Felony Offender Act. Sherry McCostlin was sentenced to four years in prison.

The record reveals that the appellant’s neighbor, Jerri Morgan, saw Mrs. McCost-lin emptying some trash outside of the McCostlin house at approximately 9:00 a.m. on December 29, 1988. At approximately 1:30 p.m., Morgan looked out of her kitchen window and saw dark…