Legal Opinion

Graham v. State

Supreme Court of Alabama

Decided June 15, 1867PublishedCited by 11 opinions

From the Circuit Court of Autauga. Tried before the Hon. John Moore. - The indictment in this case, which - was returned into court on the 3d April, 1867, contained but a single count, which charged that the prisoner, Ira Graham, alias diotus Ira Smith, “willfully set fire to,. or burned, a cotton-house of Ely Sears, which, with the property therein contained, to-wit, four bales of cotton, was of the value of more than five hundred dollars; against the peace and dignity,”…

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From the Circuit Court of Autauga. Tried before the Hon. John Moore. - The indictment in this case, which - was returned into court on the 3d April, 1867, contained but a single count, which charged that the prisoner, Ira Graham, alias diotus Ira Smith, “willfully set fire to,. or burned, a cotton-house of Ely Sears, which, with the property therein contained, to-wit, four bales of cotton, was of the value of more than five hundred dollars; against the peace and dignity,” &o. The trial was had, at the April term, 1867, on issue joined on the plea of not guilty, when the defendant reserved a…

1Opinion of the CourtByrd, J.

This indictment is founded on section 152 of the Penal Code, so much of which as is necessary for the decision of the questions raised by the charge given and the charges refused by the court, reads as follows: “Any person who willfully sets fire to, or burns, any church, *662meeting-house, court-house, town-house, college, academy, jail, or other building erected for public use; or any banking-house, ware-house, cotton-house, gin-house, store, manufactory, or mill, which, with the property therein contained, is of the value of five hundred dollars or more, ” &c., “is guilty of arson in the…

2Cases cited3 opinions

  1. Henry v. StateSupreme Court of Alabama · 1859
  2. Eliza v. StateSupreme Court of Alabama · 1866
  3. Commonwealth v. Van SchaackMassachusetts Supreme Judicial Court · 1819

3Cited by11 opinions

  1. State v. PisanoSupreme Court of Connecticut · 1928
  2. Roberts v. StateIndiana Supreme Court · 1887
  3. Daniels v. StateAlabama Court of Appeals · 1915
  4. Luke v. StateSupreme Court of Alabama · 1873
  5. Robinson v. StateCourt of Criminal Appeals of Alabama · 1971

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