Stone v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. The appellant was indicted, tried and convicted of arson, and sentenced to the penitentiary for 7 years. The indictment as originally preferred, and the amendments thereto are shown in the opinion. The defendants duly excepted to the court allowing the addition of the new counts to the indictment.
Read the full summary
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. The appellant was indicted, tried and convicted of arson, and sentenced to the penitentiary for 7 years. The indictment as originally preferred, and the amendments thereto are shown in the opinion. The defendants duly excepted to the court allowing the addition of the new counts to the indictment. On the trial of the cause, as is shown by the bill of exceptions, Henry Chase, as a witness for the State, testified that the barn of the Alabama Nursery Company was destroyed by fire about 12 -.30 o’clock on the night of…
1Opinion of the CourtMcCLELLAN, J.
The indictment returned by the grand jury in this case charged that Tom Stone “willfully set fire to or burned a barn within the curtilage of the dwelling-house of Herbert Chase ;” and to this indictment there was a plea of not guilty,and a joinder of issue thereon. The case thus made up was presented to the jury, the evidence was adduced on both sides, and the jury were instructed by the court and retired to consider of their verdict, “when,” as is recited in the judgment, “it appearing to the court that there was a variance between the allegations and the proof in this : the indictment…
2Cases cited16 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Redd v. StateSupreme Court of Alabama · 1881
- McGuff v. StateSupreme Court of Alabama · 1889
- King v. StateSupreme Court of Alabama · 1867
- Young v. StateSupreme Court of Alabama · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Arant v. StateSupreme Court of Alabama · 1936
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Banks v. StateSupreme Court of Alabama · 1921
- Burns v. StateSupreme Court of Alabama · 1932
72 more not listed; retrieve them via the Exa API.