Legal Opinion

Brock v. State

Supreme Court of Alabama

Decided January 15, 1855PublishedCited by 8 opinions

Error to the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. Jefferson Brock, the plaintiff in error, was indicted at the March term, 1854, of the Circuit Court of Shelby, for arson ; the charge being, that he “ wilfully set fire to and burned an out-house of John A. Griffin.” On his application the venue was changed to Talladega, where he was tried at the Fall term, 1854, and convicted, and sentenced to three years’ confinement in the penitentiary.

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Error to the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. Jefferson Brock, the plaintiff in error, was indicted at the March term, 1854, of the Circuit Court of Shelby, for arson ; the charge being, that he “ wilfully set fire to and burned an out-house of John A. Griffin.” On his application the venue was changed to Talladega, where he was tried at the Fall term, 1854, and convicted, and sentenced to three years’ confinement in the penitentiary. He excepted to several rulings of the court during the progress of the trial, which are thus stated in the bill of exceptions…

1Opinion of the CourtChilton, C. J.

— 1. There is no connection whatever between tlie offence for which the prisoner was charged, and •the -declaration that “he was not done with Griffin yet,”' made afterwards. On the contrary, the evidence shows that no allusion was made to the burning, but to judicial proceedings had before Griffin as a..justice of the peace. Neither is there any evidence connecting the prisoner with the subsequent burning. These facts, being disconnected, independent circumstances, afforded no fair or reasonable inference tending to establish the guilt of the prisoner in respect of the charge upon which he…

2Cited by8 opinions

  1. State v. WardSupreme Court of Vermont · 1888
  2. Martin v. StateSupreme Court of Alabama · 1893
  3. Liles v. StateSupreme Court of Alabama · 1857
  4. State v. CaliendoSupreme Judicial Court of Maine · 1939
  5. Bell's Adm'r v. TroySupreme Court of Alabama · 1859

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