Legal Opinion · Concurring in part, dissenting in part

Davidson v. State

Court of Criminal Appeals of Alabama

Decided August 28, 1998No. CR-96-2167Published

1Concurring in part, dissenting in partCobb, Judge

I join the majority in its holding that the trial court did not err in denying Davidson’s Batson motion and that the trial court did not err in refusing to grant Davidson funds to obtain the assistance of an investigator. However, I must reluctantly part company with the majority in its holding that the State presented sufficient evidence to sustain a conviction for the offense of arson.

Section 13A-7-42(a), Ala.Code 1975, defines the offense of arson in the second degree as follows:

“(a) A person commits the crime of arson in' the second degree if he intentionally damages a building by…

2Cases cited9 opinions

  1. Bridges v. StateSupreme Court of Alabama · 1969
  2. McMillian v. StateCourt of Criminal Appeals of Alabama · 1991
  3. Bolden v. StateCourt of Criminal Appeals of Alabama · 1990
  4. Hereford v. StateCourt of Criminal Appeals of Alabama · 1992
  5. Ex Parte DavisSupreme Court of Alabama · 1989

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