Martin v. State
Supreme Court of Alabama
ERROR to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. This indictment was found at the April term, 1856, and contained but a single count, which charged that the defendants “willfully burned certain property, to-wit,” (describing the bar, shelves, fixtures, Ac., of a certain building in the city of Mobile, called “The Constitution,”) “which said bar, fixtures,” &c., “ were then and there the property of the said Martin, and then and there insured by the…
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ERROR to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. This indictment was found at the April term, 1856, and contained but a single count, which charged that the defendants “willfully burned certain property, to-wit,” (describing the bar, shelves, fixtures, Ac., of a certain building in the city of Mobile, called “The Constitution,”) “which said bar, fixtures,” &c., “ were then and there the property of the said Martin, and then and there insured by the Mobile Navigation and Mutual Insurance Company, said company being then and there duly incorpprated, with full power to…
1Opinion of the CourtWalker, J.
The statute, upon which the appellants were indicted, is in the following words: “Any person who willfully burns a building, or any property, which is at the time insured against fire, with intent to charge or injure the insurer, must be imprisoned in the penitentiary, not less than five, nor more than ten years.” — Code, 569, § 3131. The indictment charges the defendants, in a single count, with willfully burning certain property, which was at the time insured by the Mobile Navigation and Mutual Insurance Company, said company being duly incorporated with full power to insure against losses…
2Cases cited4 opinions
- State v. BullockSupreme Court of Alabama · 1848
- Williams v. StateSupreme Court of Alabama · 1849
- Smith v. StateSupreme Court of Alabama · 1853
- Carter v. MundySupreme Court of Alabama · 1847
3Cited by1 opinion
- Heard v. StateSupreme Court of Alabama · 1886