May v. State
Supreme Court of Alabama
Ebom the Circuit Court of Oouecuh. Tried before the Hon. John P. Hubbabd. The indictment in this case was found in April, 1888, and contained two counts; tbe first charging, tbat tbe defendant, Anderson May, “willfully set fire to and burned a corn-pen containing corn, tbe property of Flora Davidson;” and tbe second, tbat, “under such circumstances as did not constitute arson in tbe first or second degree, be did willfully set fire to or burn a corn-pen containing corn, tbe…
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Ebom the Circuit Court of Oouecuh. Tried before the Hon. John P. Hubbabd. The indictment in this case was found in April, 1888, and contained two counts; tbe first charging, tbat tbe defendant, Anderson May, “willfully set fire to and burned a corn-pen containing corn, tbe property of Flora Davidson;” and tbe second, tbat, “under such circumstances as did not constitute arson in tbe first or second degree, be did willfully set fire to or burn a corn-pen containing corn, tbe property of Flora Davidson.” There was no demurrer to tbe indictment, and the cause was tried on issue joined on tbe…
1Opinion of the CourtClopton, J.
— The defendant is indicted for having willfully set fire to and burned a corn-pen containing corn. In the indictment, the ownership is laid in Flora Davidson, who is a married woman. The land, on which the pen is located, was entered by her husband, who is, and has been for some time, employed at wort in Florida, coming home occasionally. . The wife occupied and cultivated the premises, made and gathered the corn, and had the pen built during his absence. Arson is rather an offense against the possession, than the property, and the possession, not the estate or interest in the property, must…
2Cases cited2 opinions
- Adams v. StateSupreme Court of Alabama · 1878
- Glenn v. StateSupreme Court of Alabama · 1877
3Cited by13 opinions
- Allen v. StateAlabama Court of Appeals · 1947
- James v. StateSupreme Court of Alabama · 1893
- Cleveland v. StateAlabama Court of Appeals · 1924
- Winchester v. StateAlabama Court of Appeals · 1925
- Johnson v. StateAlabama Court of Appeals · 1911
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