Childress v. State
Supreme Court of Alabama
Prom the Circuit Court o£ Madison. Tried before the Hon. Henry C. Speake. The defendant in this case, Richard Childress, was indicted for arson in setting fire to a “house used as a prison, which was at the time occupied by Alfred Phillips, who was lodged therein, and the ownership of which is unknoAvn to the grand jury.”
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Prom the Circuit Court o£ Madison. Tried before the Hon. Henry C. Speake. The defendant in this case, Richard Childress, was indicted for arson in setting fire to a “house used as a prison, which was at the time occupied by Alfred Phillips, who was lodged therein, and the ownership of which is unknoAvn to the grand jury.” He demurred to the indictment, (1) “because it does not allege that the structure was in fact a prison,” (2) “because it fails to allege that there Avas a human being in the structure at the time it was burned,” and (3) “because it fails to allege that Alfred Phillips was a…
1Opinion of the CourtClopton, J.
The indictment charges, that the accused “willfully set fire to, or burned a house used as a prison, which was at the time occupied by Alfred Phillips, who was lodged therein, and the ownership of which is unknown to the grand jury.” It was found, and the defendant convicted, under section 3780 of the Code of 1886, which declares: “Any person who willfully sets fire to, or burns any steamboat, or vessel, in which there is at the time any human being, or any prison or jail, or any other house or building, which is occupied by a person lodged therein, or any inhabited dwelling-house, or any…
2Cases cited7 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Ross v. StateSupreme Court of Alabama · 1883
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- McKee v. StateSupreme Court of Alabama · 1886
- Duvall v. StateSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Dennison v. StateAlabama Court of Appeals · 1921
- Smith v. StateSupreme Court of Alabama · 1916
- Pope v. StateSupreme Court of Alabama · 1911
- Horn v. StateAlabama Court of Appeals · 1916
- Lacey v. StateAlabama Court of Appeals · 1915
46 more not listed; retrieve them via the Exa API.