Legal Opinion

Carr v. State

Alabama Court of Appeals

Decided June 12, 1917No. 4 Div. 522PublishedCited by 10 opinions

Appeal from GirCuit Court, Houston County ; I-I. A. Pearce, Judge. J. D. Carr, alias Dick Carr, was convicted of arson, and appeals.

1Opinion of the CourtBrown, P. J.

[1] “In arson, the corpus delicti consists, not alone of a building burned, but also of its having been willfully fired by some responsible person. Burning by accidental and natural causes must he satisfactorily excluded, to constitute sufficient proof of the crime.” Daniels v. State, 12 Ala. App. 119, 68 South. 499; Winslow v. State, 76 Ala. 42. The fire which destroyed the building in this ease was discovered about 5 o’clock in the morning of May 5, 1916, and was then bursting through the roof of the building. The only evidence offered by the state to exclude the theory that the building…

2Cases cited2 opinions

  1. Winslow v. StateSupreme Court of Alabama · 1884
  2. Daniels v. StateAlabama Court of Appeals · 1915

3Cited by10 opinions

  1. Lowery v. StateAlabama Court of Appeals · 1956
  2. Whatley v. StateAlabama Court of Appeals · 1954
  3. Street v. StateAlabama Court of Appeals · 1957
  4. Smiley v. StateCourt of Criminal Appeals of Alabama · 1979
  5. Speegle v. StateCourt of Criminal Appeals of Alabama · 1973

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