Legal Opinion

Cook v. State

Supreme Court of Alabama

Decided December 15, 1887PublishedCited by 19 opinions

From the Circuit Court of Greene. Tried before the Hon. S. H. Sprott. The defendant in this case was convicted under the second count of the indictment, which charged that he “willfully set fire to or burned the barn of Ellis Outlin, which said barn was within the curtilage of the dwelling-house of said Ellis Outlin;” and was sentenced to hard labor for the county, for eighteen months.

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From the Circuit Court of Greene. Tried before the Hon. S. H. Sprott. The defendant in this case was convicted under the second count of the indictment, which charged that he “willfully set fire to or burned the barn of Ellis Outlin, which said barn was within the curtilage of the dwelling-house of said Ellis Outlin;” and was sentenced to hard labor for the county, for eighteen months. “On the trial,” as the bill of exceptions states, “the State introduced evidence tending to show that, within twelve months before the finding of the indictment, the defendant willfully set fire and burned a…

1Opinion of the CourtStone, C. J.

— The defendant was indicted for arson, under the statute amendatory of section 4347 of the Code of 1876, approved January 30, 1885, — Sess. Acts, 105; Code of 1886, § 3781. The indictment contains two counts. The first charges that the defendant “willfully set fire to, or burned, a corn-crib containing corn,” property of Ellis Outlin. The second count charges that he “willfully set fire to, or burned, a barn (property of Ellis Outlin), said barn being within the curtilage of the dwelling-house of said Ellis *64Outlin.” There was demurrer to the indictment, assuming that it charged a misdemeanor…

2Cases cited8 opinions

  1. Sparrenberger v. StateSupreme Court of Alabama · 1875
  2. People v. TaylorMichigan Supreme Court · 1851
  3. Block v. StateSupreme Court of Alabama · 1880
  4. Overstreet v. StateSupreme Court of Alabama · 1871
  5. State v. ShawSupreme Judicial Court of Maine · 1850

3 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Craven v. StateAlabama Court of Appeals · 1927
  2. Madry v. StateSupreme Court of Alabama · 1918
  3. Bare v. CommonwealthSupreme Court of Virginia · 1917
  4. Walker v. StateSupreme Court of Alabama · 1921
  5. Hubbard v. StateAlabama Court of Appeals · 1912

14 more not listed; retrieve them via the Exa API.

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