Heard v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. John Moore. The material facts are stated in the opinion. On the trial, the court, among other things, charged the jury : “ That if they believed from the evidence beyond a reasonable doubt, that in this county ” (Perry) “ in August, 1886, the defendant wilfully set fire to and burned the gin-house, and that it was the property of A. M. Walker, and was of the value of five hundred dollars or more, then defendant…
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Appeal from the Circuit Court of Perry. Tried before the Hon. John Moore. The material facts are stated in the opinion. On the trial, the court, among other things, charged the jury : “ That if they believed from the evidence beyond a reasonable doubt, that in this county ” (Perry) “ in August, 1886, the defendant wilfully set fire to and burned the gin-house, and that it was the property of A. M. Walker, and was of the value of five hundred dollars or more, then defendant was guilty as charged in the indictment, even if they should believe he did it at the instance and request of Walker to…
1Opinion of the CourtClopton, J.
— The defendant was tried and convicted under an indictment found under section 4347 of the Code (1876), which contained two counts, each of which charges him with burning a gin-house, the property of A. W. Walker. On his examination as a witness, the defendant admitted the burning, but stated that he did it at the instance and by employment of the owner, Walker, who said the building was insured, and that the insurance company had treated him badly, and he wanted to get even. This was denied by Walker,'but the denial "does not affect the legal question involved, as by the charge of the…
2Cases cited3 opinions
- Adams v. StateSupreme Court of Alabama · 1878
- Commonwealth v. MakelyMassachusetts Supreme Judicial Court · 1881
- Martin v. StateSupreme Court of Alabama · 1856
3Cited by12 opinions
- Brown v. StateCourt of Appeals of Maryland · 1979
- Commonwealth v. AsherowskiMassachusetts Supreme Judicial Court · 1907
- Williams v. StateSupreme Court of Alabama · 1912
- Lee v. StateSupreme Court of Alabama · 1933
- Hannigan v. StateSupreme Court of Alabama · 1901
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