Davis v. State
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Alex Davis was convicted of arson and he appeals. Under the facts in this case the defendant should not have been convicted. — 2 A. & E. Ency. of Law, p. 926 and notes. The evidence showed the construction of the building to be so far advanced as to make it ready for habitation or use. — 3 Cyc. 990, and note 53.
1Opinion of the CourtSimpson, J.
— The indictment in this case charged
that the defendant “set fire or burned an uninhabited dwelling house of Wm. Wright, in which at the time there was no human being.” The evidence shows that the structure which ivas burned was not completed; that it was being built in a pasture; that it was intended for a dwelling house, when completed, but had never been occupied; that it consisted of “one main big room, with a piazza in front and a shed room on the rear; that the piazza and about half way up the rafters on the front part of the big room was covered, that the balance of the main big room…
2Cases cited3 opinions
- People v. HandleyMichigan Supreme Court · 1892
- Henderson v. StateSupreme Court of Alabama · 1894
- State v. McGowanSupreme Court of Connecticut · 1850
3Cited by5 opinions
- Sawyer v. StateSupreme Court of Florida · 1931
- State v. CuthrellSupreme Court of North Carolina · 1952
- State v. LemoineSupreme Court of Louisiana · 1934
- Weatherly v. StateAlabama Court of Appeals · 1947
- Williams v. StateSupreme Court of Florida · 1930