Daniels v. State
Alabama Court of Appeals
Arson. Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Buster Daniels was convicted of arson, and be appeals.
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Arson. Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Buster Daniels was convicted of arson, and be appeals. Tbe indictment charges the willful setting fire to or burning a cotton seed house by the burning whereof a cotton house containing cotton was burned, the said cotton seed house and said cotton house containing cotton being the property of W. C. Harrison, Sr. The evidence tended to show that the house burned was on the Body place owned by W. O. Harrison in the year 1910, at the time of the fire, and that the first was discovered in the afternoon in the…
1Opinion of the CourtBrown, J.
The burden was on the state to prove the ownership of the property alleged to have been burned as laid in the indictment.—Martha’s Case, 26 Ala, 72; Graham’s Case, 40 Ala. 659; Hannigan v. State, 131 Ala. 29, 31 South. 89.
There was no proof that the cotton house Avas the property of W. 0. Harrison, Sr., as alleged in the indict*121ment. The only proof on this subject was the testimony of Sadie Bussell, who testified “that she lived at the Body place, owned by W. 0. Harrison, in 1910,” but the evidence nowhere shows, or tends to show, that the cotton house alleged to have been burned was on the…
2Cases cited8 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- Jones v. StateAlabama Court of Appeals · 1915
- Smith v. StateSupreme Court of Alabama · 1901
- Graham v. StateSupreme Court of Alabama · 1867
- Granison v. StateSupreme Court of Alabama · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Whitehead v. StateAlabama Court of Appeals · 1918
- Braxton v. StateAlabama Court of Appeals · 1919
- Jordan v. StateSupreme Court of Alabama · 1932
- Mason v. StateAlabama Court of Appeals · 1918
- Carr v. StateAlabama Court of Appeals · 1917
12 more not listed; retrieve them via the Exa API.