Sands v. State
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Tried before the Hon John Moore. The appellants, Lewis Saunders, John Rentzand Jesse Johnson, defendants in the court below, were convicted at the Fall Term of said court, 1885, of the offense of arson in the first degree.
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Appeal from Wilcox Circuit Court. Tried before the Hon John Moore. The appellants, Lewis Saunders, John Rentzand Jesse Johnson, defendants in the court below, were convicted at the Fall Term of said court, 1885, of the offense of arson in the first degree. The indictment charged that Saunders and his co-defendants, Rentz and Johnson, with five others who do not join in the present appeal, “ wilfully set fire to, or burned in the night time the jail of Wilcox county, which was occupied at the time by persons lodged therein at night, against the peace, &c.” A demurrer was interposed to the…
1Opinion of the CourtSomerville, J.
This indictment was clearly good, and charged with sufficient certainty the crime of arson in the first degree, as defined by section 4346 of the present Code of 1876. — Code, form Ño. 34, p. 995. The description of the property burned, as “the jail of Wilcox county,” was a sufficient averment of ownership, without more. We judicially know that the county jails in this State are the property of the several counties in which they are severally located, and that each county in the State is a body corporate. — Code, 1876, §§ 820, 815. Matters of which judicial notice is taken need not be stated…
2Cases cited5 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Redd v. StateSupreme Court of Alabama · 1881
- Porter v. StateSupreme Court of Alabama · 1876
- Murphy v. StateSupreme Court of Alabama · 1879
- Lockett v. StateSupreme Court of Alabama · 1879
3Cited by8 opinions
- Steele v. StateSupreme Court of Alabama · 1887
- Gady v. StateSupreme Court of Alabama · 1887
- Wilson v. StateSupreme Court of Alabama · 1895
- Barddell v. StateSupreme Court of Alabama · 1906
- State v. HensonSupreme Court of Missouri · 1921
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