Walker v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before Hon. John K. Henry. The appellants, Lewis Walker and Cato Sellers, together with others were indicted for arson, at the fall term, 1875, •of the Circuit Court of Wilcox county.
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Appeal from the Circuit Court of Wilcox. Tried before Hon. John K. Henry. The appellants, Lewis Walker and Cato Sellers, together with others were indicted for arson, at the fall term, 1875, •of the Circuit Court of Wilcox county. The indictment contained two counts, the first charging that the defendants “ did, in the night-time, wilfully set fire to, or burn a prison, to-wit, the jail of Wilcox county, which said prison was then and there occupied by persons lodged therein at night.” The second count charged the defendants with “wilfully setting fire to, or burning the jail of Wilcox…
1Opinion of the CourtStone, J.
The defendants were found guilty on the first count in the indictment, without any mention in the verdict of the second count. This is equivalent to a verdict of not guilty on the second count, and the prisoner can not again be indicted or tried on that count. — Murray & Bell v. The State, 48 Ala. 675.
Seven persons, including the two appellants, were charged in one indictment with the crime, of arson. The indictment *32contained two counts, each charging the setting fire to, or burning the jail of Wilcox county. In the first count it was charged that persons occupied or lodged in said jail at…
2Cases cited5 opinions
- Barnett v. StateSupreme Court of Alabama · 1875
- State v. BlackwellSupreme Court of Alabama · 1846
- Aaron v. StateSupreme Court of Alabama · 1863
- Murray & Bell v. StateSupreme Court of Alabama · 1872
- State v. KrepsSupreme Court of Alabama · 1846
3Cited by14 opinions
- Ragland v. StateSupreme Court of Alabama · 1899
- Oliver v. StateSupreme Court of Alabama · 1937
- O'Brien v. StateSupreme Court of Alabama · 1890
- Williams v. StateCourt of Criminal Appeals of Alabama · 1986
- Handley, Reeves & Co. v. Lawley & Co.Supreme Court of Alabama · 1890
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