Henderson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before the Hon. Jesse M. Carmichael. The defendant was indicted, tried and convicted of arson in the second degree, and sentenced to the penitentiary for two years. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Covington. Tried before the Hon. Jesse M. Carmichael. The defendant was indicted, tried and convicted of arson in the second degree, and sentenced to the penitentiary for two years. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the defendant requested the court to give the following written charges, and separately excepted to the court’s refusal to give each of them as asked : (1.) “If the jury believe all the evidence in this case, the defendant is not guilty of arson in the second degree.” (2.) “If…
1Opinion of the CourtMcCLELLAN, J.
This indictment contains three counts. The first two charge arson of an uninhabited dwelling house. The proof was that the house was a small one room structure with a piazza along one side of it, that it had been built, and was at one time occupied, for the purposes of a dwelling, but that it had not been so occupied for eight or ten years last past; was at the time of the fire dilapidated, dismantled and wholly unfit for habitation, and had been used for said period only for the storage of cotton. We are of opinion that on these undisputed facts it had wholly lost its character as a…
2Cases cited2 opinions
- Randolph v. StateSupreme Court of Alabama · 1893
- Brown v. StateSupreme Court of Alabama · 1893
3Cited by12 opinions
- Blake v. StateCourt of Criminal Appeals of Oklahoma · 1916
- Savage v. StateAlabama Court of Appeals · 1913
- Faulk v. StateAlabama Court of Appeals · 1929
- Fillman v. StateSupreme Court of Delaware · 1969
- Davis v. StateSupreme Court of Alabama · 1907
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